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COPYRIGHT DEPOSIT. 



GOVERNMENT AND THE CITIZEN 



^^^^ 



GOVERNMENT AND 
THE CITIZEN 



BY 



ROSCOE LEWIS ASHLEY 

AUTHOR OF "THE AMERICAN FEDERAL STATE" 
AND "AMERICAN GOVERNMENT" 



ILLUSTRATED 



THE MACMILLAN COMPANY 

LONDON : MACMILLAN & CO., Ltd. 
1904 

All rights reserved 



LIBRARY of congress! 
Two Copies Received 

DEC 5 19U4 

^ Copyngm tntry 

cuss CO Mc. Hoi 
/ t>z^¥3 

COPY B. 



^.^ 



Copyright, 1904, 
' By the MACMILLAN COMPANY. 

Set up and electrotyped. Published November, 1904. 



NartoODti l^xzm 

J. S, Gushing & Co. — Berwick & Smith Co. 

Norwood, Mass., U.S.A. 



PREFACE 

In preparing this little book for use in schools, the 
author has attempted to describe those activities of 
our governments which will be of especial value and 
interest to youthful citizens. Historical accounts, 
comments on provisions of the state and national 
constitutions, and descriptions of the machinery of 
government have therefore been made as brief as 
possible. 

The text is arranged with the expectation that the 
pupils will recite on topics. If the topics considered 
in the numbered sections are too long, even when 
the marginal notes are used to help the pupil in his 
recitation, each pupil may be asked to recite on one 
paragraph only, or on a part of a paragraph, using 
the marginal notes as the headings of these shorter 
topics. Care should be taken to see that the pupils 
really discuss these topics, not only presenting in 
their own language the substance of the text, but 
giving additional information or suggestions of their 
own whenever possible. Some of the sections or 
paragraphs are perhaps too long, too difficult, or too 
general for treatment in this way. A few of these 
may simply be read in class, and others may be dis- 



vi PREFACE 

cussed with the books open. All words or expres- 
sions which are given at the close of each chapter, 
in the list of terms to be explained, should be under- 
stood by the pupils before they finish studying the 
lessons in which these terms occur. If they are 
likely to have difficulty in ascertaining the meaning 
of any expression, it should be explained when the 
lesson is assigned. Pupils should be encouraged to 
mention examples of governmental activities that 
have come under their own observation or have 
attracted their attention in reading. Teachers will 
often be surprised to learn how much information, 
perhaps of an unscientific character, many of the 
pupils possess on these matters, and will find that 
great interest can often be aroused by persuading 
the boys and girls to ask their parents and friends 
about the work of government, and to investigate 
further for themselves. 

Many of the " Text Questions" at the close of each 
chapter are suggestive only — -questions to be an- 
swered from the text by a little search or thought. 
In the "Supplementary Questions" a limited number 
of references have been given, but the teachers or 
pupils who wish to examine a larger amount of 
material on subjects discussed in this book should 
make use of the extensive bibHographies in the au- 
thor's "American Government" or in his "American 
Federal State." 



CONTENTS 



Introduction 



PAGE 
I 



PART I 

THE CITIZEN'S PART IN GOVERNMENT 

CHAPTER 

I. Suffrage and Elections . . . • 15 

II. The Political Parties and their Work . 28 

III. Financial Support of the Governments . 36 

IV. The Protection of Individual Rights . 51 



PART II 

STATE AND LOCAL GOVERNMENT 

V. Protection of the Public 

VI. Our Public Schools 

VII. Public Charities 

VIII. The Government and Business 

IX. Town and County Government 

X. City Government . 

XI. The State Governments 

XII. The State Constitutions 



61 

82 



100 
108 
119 
130 



PART III 
THE NATIONAL GOVERNMENT 
XIII. The Constitution of the United States 



XIV. Congress 



135 

149 



vu 



VUl 



CONTENTS 



CHAPTER 

XV. 

XVI. 

XVII. 

XVIII. 

XIX. 

XX. 



The President and his Cabinet 

The National Courts . 

Foreign Affairs 

Money and the Post Office 

Territories and Colonies 

Public Lands and National Development 



PAGE 

i6s 
1 80 
185 
198 
208 

215 



Appendix. The Constitution of the United States 229 



ILLUSTRATIONS 



The Capitol at Washington 



Frontispiece 



Facing 



A Sample " Australian " Ballot . 
A Sample Voting Machine 
Court Room Scene .... 
Making a Macadam Road in the South 
Public Library, Boston, Massachusetts 
City Hall, San Francisco, California . 
New York State Capitol, Albany, New York 
The United States, 1903 (Map) 
Signing the Constitution . 
Independence Hall, Philadelphia, Pennsylvania 
The Senate Chamber 
The Hall of Representatives 
Number of Representatives in the House 
The Form of a Law .... 
The White House .... 
The Inauguration of a President 
A Cabinet Meeting .... 
The Justices of the Supreme Court . 
A Cruiser — the Olympia . 
A Battleship — the Indiana 
Using a Gun with Disappearing Carriage 
Where Coins are made 
The United States Government Building, Chicago, Illinois 

Facing 
The Congressional Library .... " 

Territorial Growth of the United States (Map) . Following 

Method of making Surveys 

The Sections of a Township 



Facing 



PAGE 
20 

57- 
94 ^ 

no 

no 

123 X 
135 

140 , 
140 

149 
149 
152 

155 

165^ 

168 

174/ 

183/ 
187/ 

187 
189^ 

200 / 

205 ^ 
205 /" 
208 /' 

216 
217 



IX 



GOVERNMENT AND THE CITIZEN 

INTRODUCTION 

WHY WE HAVE GOVERNMENTS 

1. Personal Needs. — Human needs are so various Personal 
that no individual supplies himself with more than how^the"yar( 
a few of the things necessary to his existence and satisfied. 
comfort. In all probability, no one of the articles of 
clothing that he wears was made with his own hands, 
and very little of the food that he eats was grown by 
himself. He lives in a house which another man 
built, a second painted, and a third provided with 
plumbing. His carpets probably came from one 
state, his furniture from another, and his pictures 
from a third. He does not obtain his newspaper, 
his periodicals, and his books from the same source. 
The needs that he has every day have been supplied 
by the exertions of a multitude of workers, many of 
whom live in foreign lands. But these articles 
which we have mentioned, essential though they are 
to his continued existence, do not come to him for 
the asking. He can obtain them only by exchanging 
for them some of the money which he has in his pos- 
session, or which he is earning day by day. Because 
these articles satisfy pei^sonal needs, and because they 



GOVERNMENT AND THE CITIZEN 



The need of 
roads. 



The need of 
protection 
for life and 
property. 



may be obtained through regular purchase, each 
man must provide them for himself and for those 
dependent on him. He cannot expect his neighbors 
to supply him with such articles as he may want, for 
they will not do for him what he can do for himself. 

2. Public Needs. — Besides food, clothing, shelter, 
and other personal requirements, there are many 
things which we need that cannot be bought from 
other people. In order that we may go from our 
homes to the stores where goods are sold, there must 
be roads, which will, of course, cross the property of 
a great many persons. A road cannot be laid out 
unless the property owners or their representatives 
agree upon a route to be followed, nor can it be used 
to advantage unless the width is everywhere the 
same and unless it is constructed in the same way 
throughout its entire length. A road which, even 
for a short distance, is nothing but a narrow foot- 
path is useless for wagons, and therefore is valueless 
for trade of any importance. 

Much more necessary than roads is the need of 
protection for ourselves and our property. If some 
villain steals our food or burns our houses, we shall 
suffer personal want, nor can we properly protect 
ourselves if obliged to depend exclusively on our own 
efforts. Have you ever stopped to think what would 
happen if every person from whom anything is 
stolen were obliged to hunt up the offender, and, if 
the thief could be found, to punish him for his mis- 
deed ? In how many cases would it be possible to 
learn who the guilty party was .? How long would it 



INTRODUCTION 3 

be before thieves and murderers would seize property 
and destroy life without any risk whatever, if every 
man were obliged to protect his possessions and the 
members of his family from those who desire to do 
him injury? Is it not clear that life and property How the 
cannot be safe unless the members of a community ['J^^^^t df" 
organize to protect themselves against wrongdoers? 
Not only must they organize for this purpose, but 
they must have for their protection some uniform 
rules which people must obey, if serious dangers are 
to be avoided. Furthermore, since what is every- 
body's business is nobody's business, they must have 
certain members of the community who see that the 
rules or laws are obeyed, and that lawbreakers are 
brought to justice and punished. 

These are but two examples of the many needs Public needs 
which must be met if we are to continue to live and needs.^^^°^^ 
do business. Our houses will be of little value to us 
if any one may burn them without risk of punish- 
ment. We should not long enjoy the privilege of 
purchasing what is necessary for the satisfaction of 
our personal needs, unless there are rules or laws 
under which business may be transacted and which 
will protect the honest dealer from the sharper and 
the swindler. In short, public needs must be satisfied 
before we can satisfy our personal needs. Indeed, 
there could be no civilization such as that in the 
United States to-day, unless we may live and care for 
our personal interests in security ; and this security 
can be preserved in no other way than by a per- 
manent and responsible organization which exists 



4 GOVERNMENT AND THE CITIZEN 

for the purpose of satisfying our public or political 
needs. 
What 3, Government. — To this permanent organization, 

fs°Ind"what which cares for these vital public interests of ours 
it does. ^j^^^ make civilization possible, the name govern- 

ment is given. If we were to look into the history of 
mankind, we should find that at no time was there 
lacking some kind of government, because these 
public needs have existed everywhere and always. 
But we should also find, as we should expect, that 
because our Ufe is very different from that found 
among semibarbarous peoples whose homes are 
scattered and often temporary, our government is 
very much more elaborate than theirs. Neverthe- 
less, we shall find that the governments have this in 
common, that in every case government is a permanent 
political organization^ which possesses authority to 
m,ake^ enforce, and interpret rules for the public protec- 
tion and welfare. It is a permanent organization 
because these interests cannot be cared for properly 
except by an organization that is ready for action 
every day in the year. It has been found advisable 
to leave not only such vital subjects as the protection 
of life and property, but all other public matters of 
common interest, to our governments, which are fitted 
for these duties, both on account of their organization 
and by virtue of the authority which they possess. 

WHAT OUR GOVERNMENTS ARE LIKE 

4. Why we have Three Departments of Govern- 
ment. — It would be unwise to leave all the work of 



INTRODUCTION 5 

governing to one person, even if this were con- An example 
venient, but it is clearly impossible. The poHceman govrrnment 
who arrests an offender in the street cannot send him ^^ ^°^^- 
to prison as a punishment for his offense. The act 
of arrest simply brings him before a court, where he 
is detained only in case a definite charge is brought 
against him. The court listens to the evidence which 
is presented, and decides whether the accused man is 
guilty of the crime with which he is charged. If it 
appears that he is not guilty, he is at once released ; 
otherwise the court sentences him to imprisonment, 
or compels him to pay a fine. But the court may not 
try the accused man unless he is supposed to have 
committed an offense that is named in a law which 
has been passed at some previous time for the pro- 
tection of the community. 

We can see, then, that officials connected with our The legisia- 
governments have been engaged in three distinct tive'and^"" 
acts: (i) the act of viaking the law, when the crime judicial 

departments. 

was defined and a suitable punishment proposed for 
those who break the law ; (2) the act of enforcing the 
law, which was performed by the policeman ; and 
(3) the act of interpreting the law, when the court 
decided what the law was and whether the accused 
man had broken the law. Because these acts are 
distinct, we have three departments of government, 
each of which performs one set of duties and one 
only : the legislative departme?it^ which makes the 
laws ; the executive department, which enforces them ; 
and the judicial departmejit, which interprets or 
explains the meaning of the law. 



GOVERNMENT AND THE CITIZEN 



Why we 
have written 
constitutions. 



What the 
constitutions 
are like. 



5. The Need of Constitutions for our Governments. 

Not only do our governments need machinery or 

departments with which to carry on their work, but 
they must have authority. If any person or set of 
persons may perform acts which interfere with the 
work of our governments, and the governments have 
no authority to overcome this opposition, they cer- 
tainly will fail to perform their tasks. Without au- 
thority a government would be an object of ridicule 
and contempt. In this country none of our govern- 
ments have any inherent authority, that is, no author- 
ity that comes from themselves ; they derive all of their 
authority from the people, who give them certain 
duties to perform and confer upon them the neces- 
sary powers. But for fear that the governments may 
assume duties and powers to which they have no 
right, and that they may exercise their authority 
by restricting the liberty of the people, the people 
have adopted documents called written constitutions. 
These constitutions set forth in some detail what 
machinery the governments shall have, that is, 
how the different departments shall be composed 
or organized, and what powers they shall be per- 
mitted to exercise. The constitutions, therefore, 
serve the double purpose of conferring powers on 
the governments and of limiting the powers of the 
governments. They do this because too little gov- 
ernment is anarchy, whereas too much government is 
tyranny. 

6. Our National and State Constitutions. — In 
studying geography we noticed that we live not only 



INTRODUCTION 7 

within the United States, but within a particular why we 
state as well. At the present time, therefore, each kinds, 
one of us lives under two constitutions, that of the 
nation and that of our state. The national constitu- 
tion not only shows how the national government 
shall be organized, as explained in the next section, 
but confers on this government the right to regulate 
all foreign affairs and all other matters that no one 
state can do for itself, the state governments being 
prohibited from doing these things. The state con- 
stitutions give the form and the general duties of all 
other governments, state and local, under which we 
live. 

7. The National Government. — The Constitution Adoption of 
of the United States, from which our national gov- con^Stut^on 
ernment derives its authority, was drafted by a con- 
vention held at Philadelphia in 1787, and was ratified 
by conventions elected for that purpose in the thir- 
teen states that then composed the Union. It has 
since been amended fifteen times. This Constitution 
provides for a legislative body of two houses called Congress. 
Congress. The smaller house, known as the Senate, 
is composed of two senators from each state. In the 
larger chamber, the House of Representatives, each 
state has a number of members dependent on its 
population. The chief executive official of the The 
United States is the President, who is chosen for 
a term of four years, and appoints nine advisers, 
called his Cabinet. He is, however, assisted by 
about two hundred and fifty thousand persons who 
help him in executing the laws and in looking after 



8 



GOVERNMENT AND THE CITIZEN 



The courts. 



The three 
departments. 



How state 
officials are 
chosen. 



Popular 
character of 
local govern- 
ment. 



the business of the national government. The judicial 
department consists of a single Supreme Court, which 
always meets at Washington, and numerous inferior 
courts which try cases in different parts of the country. 

8. The State Governments. — All of the states in 
the American Union have governments that are very 
much ahke. At the state capital there meets every 
year or every second year the body of men called the 
legislature, which makes the laws. As with Con- 
gress, there are always two houses of the legislature, 
but the members of both houses are elected by the 
voters from districts into which the state is divided. 
Corresponding to the President is the state governor, 
who is elected by the people of the state, and who is 
assisted in the enforcement of the law by numerous 
officials, most of whom are also chosen by popular 
vote. There are in every state courts which interpret 
the laws. The system is the same in form as that 
used for the government of the United States as a 
whole, but there is this important difference, — the 
people elect a great many of their representatives in 
the state government, whereas comparatively few of 
those connected with the national government are 
selected directly by popular vote. 

9. Local Government. — Our local governments are 
even more distinctly governments of the people than 
are the state governments, for a still larger propor- 
tion of the officials are chosen by the voters for local 
offices than for state positions. This is perfectly 
natural, for the people are more interested in the 
public work being done near them than at a distance 



INTRODUCTION 9 

and will give more time to it. They wish to super- Forms of 
vise very carefully the officials who perform the work ment^^^^^"^" 
of local government — the county officials and those 
of their city, town, village, or school district. All of 
us live under county governments because every 
state is subdivided into counties, and most of us are - 
under the protection and supervision of either town, 
village, or city officials as well. Each of these gov- 
ernments has its courts, its executive officials like the 
city mayor, the county sheriff or the town constable, 
and its lawmaking body. 

To us these local governments should be and are Our interest 
the most real of all. We know where the courthouse government. 
and the city hall are located, although we may never 
have been inside the court rooms or offices they con- 
tain. The bridges which our local governments 
have built, the streets and roads that they have laid 
out, the schoolhouses they maintain, are all familiar 
objects. It makes more difference to us whether a 
local official is honest and industrious than it does if 
a state or national official is careful in performing 
his duties, and we therefore watch his actions with 
greater interest. 

CITIZENS : THEIR RIGHTS AND DUTIES 

10. Who are Citizens. — In the first part of this The defini- 
chapter we spoke of the members of this commu- citizenship, 
nity. Instead of the word fnember the word 
citizen will be used hereafter to designate those 
who make up the great nation that we call the 
United States. In order to learn who are citizens, 



10 



GOVERNMENT AND THE CITIZEN 



and its 



let US consult the Fourteenth Amendment of our 
national Constitution, which gives us this definition : 
"All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are 
citizens of the United States and of the state wherein 
they reside." Now, many people have the impression 
explanation, ^j^^^ ^^j^ voters are citizens, but this is a mistake, for 
women and children are just as much members of the 
community as men are, and this amendment clearly 
states that all persons born in the United States are 
citizens. Men, women, and children are therefore 
citizens, provided they have been born in the United 
States and are under the protection of its govern- 
ments, for that is what '' subject to the jurisdiction 
thereof " really means. 

11. Naturalized Citizens. — But the amendment also 
says that naturalized persons are citizens. That is, 
foreigners who come to this country and make a 
permanent home among us, can become citizens by a 
process of "naturalization." As nearly one million 
foreigners came to the United States during the last 
year (1903), and as nearly twenty millions of them 
have come to America since 1850, it would be very 
unwise to prevent them from becoming citizens. If 
they were among us, although not really members of 
our communities, with no interest in or rights under 
our governments, but still loyal to the country from 
which they came, they would be a menace to our 
prosperity and safety. That danger is avoided by 
permitting them to become citizens after they have 
resided in this country a period of five years. 



Why 
foreigners 
are allowed 
to become 
citizens. 



INTRODUCTION II 

The process by which foreigners become citizens is How 
as follows : (i) the applicant for citizenship must bJco^r^ 
first declare, before some court of record, that he citizens. 
intends to become a citizen of the United States, 
that he will support the Constitution, and must 
renounce his previous allegiance to any foreign state 
or sovereign ; (2) not less than two years after mak- 
ing this declaration, he must prove before a similar 
court by means of witnesses that he has resided in 
this country at least five years, and has conducted 
himself properly. He then renounces his allegiance 
to his former sovereign and swears to support the 
Constitution. His wife and minor children become 
citizens without further formalities. 

12. Rights and Duties of Citizenship, — If a person some of a 
is a citizen of the United States, he owes something obUgations. 
to his country and deserves something from it. First 
of all, he owes it his allegiance. In time of peace or 
in time of war, he must be ready to uphold the honor 
of his country and must be willing to give his help in 
protecting her from foes within and without. Under 
ordinary circumstances, this help can be given best 
by obeying the laws, by paying cheerfully and 
honestly his share of the government's expenses, by 
studying his country's needs and voting intelligently 
when opportunity offers, and by using his influence 
on all occasions for the preservation of law and 
order. 

Besides these duties, which will be considered more Some rights 
at length in Part I of this book, he enjoys many i^ges^ofT 
rights and privileges which come to him because of citizen. 



12 GOVERNMENT AND THE CITIZEN 

his citizenship. Many of these rights are discussed 
in later chapters, but it may not be amiss to mention 
that no nation confers on its citizens greater poHtical 
privileges than does ours, nor is there any other 
country where a citizen may speak, write, worship, or 
act with the same freedom as in the United States of 
America. Nowhere is Hfe considered more sacred or 
the rights of property treated with such consideration. 
Truly it is, as we have long beUeved, a land of the 
free, and our gratitude for this freedom, without 
blinding us to our national faults or to the defects of 
our government, should make us serve our country to 
the best of our ability. 

TEXT QUESTIONS 

I. Give the distinction between personal and public needs. 
2o Why must public needs be satisfied before we can satisfy 
personal needs? 

3. Give the definition of government and explain all of its 
provisions. 

4. What are the three departments of government and what 
does each do? 

5. Why do we have written constitutions ? What double pur- 
pose do they serve? 

6. How is the national legislative department composed? 
Who is the chief executive official of the national government, 
the state government, the local governments ? 

7. Name the different forms of local government. 

8. What is the chief diff"erence between the national, state, 
and local governments ? 

9. Who are citizens? 

10. Why should foreigners be allowed to become citizens? 

1 1 . How are aliens naturalized ? 

12. Look up the definitions of the following words : " repre- 
sentatives" (§ 2), "organization" (§ 2), "departments" (§ 4), 



INTRODUCTION 1 3 

"machinery" (§ 5), "authority" (§ 5), "document" (§ 5), 
"anarchy" (§ 5), "tyranny" (§ 5), "convention" (§ 7), "men- 
ace" (§ 11), "sovereign" (§ 11), "renounces" (§ 11). [Use 
your dictionaries to learn the meaning of all other vv^ords in this 
chapter or in later chapters which you do not understand ; a few 
are given in this and a few succeeding chapters only.] 

13. Explain the meaning of the following words or expres- 
sions : "permanent and responsible organization" (§ 2), "inter- 
preting the law" (§ 4), "machinery" of government (§ 5), 
"inherent authority" (§ 5), "popular vote" (§ 8), "naturaliza- 
tion" (§ 11), "allegiance" (§ 11), "political privileges" (§ 12), 
[Dictionaries may help some in learning the meaning of these 
terms, but the best way of understanding them is to read the 
sentence in which they occur, noting carefully the connection in 
which they are used.] 

SUPPLEMENTARY QUESTIONS 

1 . Name other personal needs besides those mentioned in § i. 

2. Give additional examples of public needs. 

3. Why is protection of ourselves and our property more 
necessary than roads ? 

4. Name some of the essential duties of government and some 
of those less necessary. (Consult Ashley's " American Govern- 
ment," §§ 2, 3.) 

5. Why do we need national, state, and local governments? 

6. What do you know about Washington ? Where is our 
state capital ? Do we live at the county seat ? If not, how far 
from it ? 

7. What other government buildings have you seen besides 
those mentioned in § 9 ? Do all of these belong to the local 
government ? 

8. What is meant by a "federal system" of government ? 
(Ashley, "American Government," §11.) 

9. How many members of this class are citizens? Are any of 
them naturalized citizens ? 

10. Give the principal rights and duties of citizens. (Hart, 
" Actual Government," § 10.) 

11. How might the government be "restricting the liberty of 
the people " (§ 5) ? 



PART I 

^THE CITIZEN'S PART IN 
GOVERNMENT 

CHAPTER I 

SUFFRAGE AND ELECTIONS 

13. The Voter and the Citizen. — We are in the why aii dti 
habit of calling our governments " popular govern- 1^^^^^.^^^ ^° 
ments " because they represent the people, but of 
course not all the people — not all of the citizens 
even — have a share in the election of our officials 
or in the work of government. As we noticed in the 
introduction, children are citizens if they were born 
in this country, or if their parents have been natu- 
ralized. Yet it would be absurd if they were allowed 
to vote. To vote intelligently, a person must have 
some knowledge of political affairs and some experi- 
ence in dealing with men. For these reasons, only who are 
men have been allowed to vote heretofore, as they ^° ^^^' 
have owned most of the property and done most of 
the business of the nation. Many states allow only 
men who are citizens, but about one third of them 
confer the privilege of voting on foreigners who have 
declared their intentions of becoming citizens. So 

15 



i6 



GOVERNMENT AND THE CITIZEN 



that it is not true that all citizens vote, although it is 
practically true that none but citizens may vote, for 
no foreigner may cast a ballot unless he will soon 
become a citizen. 

14. Historical Changes in the Suffrage. — Although 
we have to-day what we call "manhood suffrage," 
all men being allowed to vote, it is not many years 
since the honor of voting was the privilege of the 
few. In colonial times no man was permitted to 
share in the election of public officials unless he 
owned real estate. Our ancestors thought that it 
was dangerous to give the elective franchise^ to 
those who were not landed proprietors. Gradually 
this idea that a property qualification was necessary 
disappeared, and the laws were changed so that 
most adult male white citizens voted. Then came 
the Civil War, at the close of which the United 
States adopted the Fifteenth Amendment (1870), 
conferring the franchise on negroes. Since that 
time many laws have been passed to exclude the 
most ignorant of the whites and blacks, because they 
had not been able to vote wisely. 

15. Who may vote at Present. — We should notice 
first of all that there is no national suffrage law, all 
laws with regard to voting being made by the states 
and placed in the state constitutions. The United 
States Constitution, however, prevents the states 
from denying to citizens the right to vote on account 
of race, color, or previous condition of servitude, so 
that, although the requirements are not the same in 

1 That is, the right to vote. 



SUFFRAGE AND ELECTIONS 17 

all of the states, the differences are, on the whole, 
not very great. The universal age limit is twenty- 
one, no one younger than that being allowed to vote 
anywhere. All voters must also have been, for a 
short time, residents of the district in which they 
vote, and of their state from three months to two 
years. In over two thirds of the states all voters are 
citizens, but thirteen give the right of suffrage to 
foreigners who have declared their intention of be- 
coming citizens. In four states, Wyoming, Colorado, 
Idaho, and Utah, women may take part in all state 
and local elections. In Kansas they may vote at 
municipal elections, and in twenty other states they 
help to select school trustees or vote on questions of 
taxation if they own property. 

16. Who may not Vote. — Not only are children Disquaiifica- 
excluded from voting everywhere, and women in voters. 
most of the states, but several classes of adult male 
citizens are denied the franchise for reasons more or 
less excellent. Persons who are insane, or otherwise 
mentally incompetent, are universally excluded from 
voting, as are men convicted of some serious crime 
for which they have not been pardoned subsequently. 
Paupers in public institutions are often debarred from 
the suffrage, and many states demand the prepay- 
ment of taxes. Three of the New England states 
and a few others have attempted to raise the intel- 
lectual standard of the voters by shutting out those 
who cannot read or write. The majority of the 
Southern states, in their efforts to protect themselves 
from the ignorance of many of the blacks within 



From nom- 



l8 GOVERNMENT AND THE CITIZEN 

their borders, have passed laws that no one shall 
vote unless he owns property or can read.^ 

17. The Steps in Popular Election. — Having learned 
ination to ^^iQ mav vote, let us now turn to the election meth- 

installation. -^ 

ods by which our public officials are chosen. When 
voters go to the polls and cast their ballots, they vote 
for those only who have been nominated for office. 
These nominations are made several weeks before 
the election by conventions held by the political 
parties. Between the nominations and the election, 
these nominees or candidates and their friends in 
their party make every effort in the campaign to win 
over the voters to their side. After the voters have 
expressed their preference in the election^ the success- 
ful candidates are installed in office upon the day set 
by law for assuming their new duties. 
Efforts made 18. The Election Campaign. — The way in which 
candidates are nominated by the political parties we 
shall consider in the next chapter. Following the 
nominations comes the campaign, in which each party 
makes every effort to elect its candidates. Money 
must be obtained to pay the expenses of printing 
speeches and arguments and to secure the services 
of speakers, while personal effort must be made to 
obtain the support of the " waverers," and bring all 
of the party's adherents to the polls. In a city 
election, for example, the city committee takes charge 
of the campaign, and raises and distributes funds, 

1 Virginia, North Carolina, South Carolina, Alabama, Mississippi, 
and Louisiana have at present suffrage laws that discriminate against 
ignorant negroes. 



to secure 
votes. 



SUFFRAGE AND ELECTIONS 19 

while the ward committees organize clubs, hold meet- 
ings, and perform active duties on election day. In 
the campaigns of to-day, fortunately, less appeal is 
being made to prejudice and selfish interests than 
was formerly the practice. 

19. Preelection Requirements. — In one half of the Registration 
states all persons who wish to vote must register 

their names before election, showing where they 
reside and proving that they have a right to vote. 
In the other states, registration is usually required 
only in cities. These registered electors can then 
vote only at the election booth of the precinct or 
voting district in which they live. This enrollment 
is necessary to prevent men from voting in more 
than one precinct, as the officials in charge of the 
election may not have a personal acquaintance with 
the voters. 

Most of the states have now adopted, with some TheAustra- 
modifications, a form of ballot similar to that in use 
in Australia. The names of candidates of each party 
or ticket are placed in a column separate from the 
candidates of all other parties. Sample ballots are 
sent to the voters by the city or county clerks before 
election, so that an opportunity is given to learn the 
names and investigate the qualifications of the candi- 
dates. 

20. Holding an Election. — A person who wishes to The process 
vote goes to the polling place which has been selected ° ^° ^"^" 
for his precinct by the authorities and which is kept 

open about ten hours on election day. He first gives 
his name and address to a clerk, who records both 









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SUFFRAGE AND ELECTIONS 21 

and learns whether the voter was duly registered, 
provided registration is required. He then receives 
a numbered " official ballot," which he takes into a 
booth where he is cut off from communication with 
others. With a rubber stamp he places a mark 
opposite the names of the candidates of his choice, 
folds the ballot, and hands it to the election inspector. 
The inspector tears off the number, announces the 
name of the voter, and then deposits the ballot in 
the ballot box. The clerk at the same time makes 
a record showing that the person has voted. 

Each party is allowed to have a certain number of Challenging 
"watchers," who make sure that the election proceed- 
ings are perfectly regular. Any voter may "chal- 
lenge " any other voter on the ground that the latter 
is not eligible to vote in that precinct. He must then 
take an oath that he has a right, or he will be ex- 
cluded from voting. 

When the polls are closed, the ballots are publicly Canvassing 
counted by the judges, who then forward the ballots 
to a canvassing board, which examines the returns 
and makes an official announcement of the number 
of votes cast for each candidate. The successful can- 
didates are duly notified and later installed in office. 

The usual time for holding county, state, and na- Times of 
tional elections is the Tuesday after the first Monday ^oi^'^g 

•' •' elections. 

of November. City elections are ordinarily held 
separate from other elections, either in November of 
different years from the state elections or at other 
times. Town elections are usually held in the 
springs 



22 



GOVERNMENT AND THE CITIZEN 



Dangers 
arising from 
fraud and 
bribery. 



Ballot 
reform. 



Corrupt 

practices 

acts. 



The 
referendum. 



21. Efforts Made to Guard the Purity of Elections. 

— In popular governments like ours, anything that 
prevents the people from voting freely and electing 
as public officials the persons whom they wish, is a 
serious misfortune. If any set of men, by using un- 
due influence, bribery, force, or fraud, can defeat these 
wishes of the people, they have to that extent injured 
our political system. For these reasons, laws have 
been made, or have been proposed, which will protect 
the honest many from the corrupt few. Only a few 
years ago, before the Australian ballot was adopted, 
it was almost impossible for a man to vote secretly, 
as partisan workers were allowed free access to the 
polling places, and there was little difficulty in learn- 
ing for which party the vote was cast. The buying 
of votes, both before and at election, was very much 
more common than it is now. Often election returns 
were tampered with. These and other abuses have 
been largely abolished because the public has been 
aroused to the magnitude of the wrong and has 
insisted upon better laws, which have been more 
strictly enforced. 

Among the means used to prevent bribery of voters, 
especially prominent are the ''corrupt practices acts," 
which require the different candidates to file, with the 
state secretaries of state or county clerks after elec- 
tions, a complete statement of all money they have 
expended. 

22. The Referendum and the Initiative. — In addi- 
tion to the selection of officials, the voters are 
expected to vote at elections on important laws. For- 



?2^ 




A Sample Voting Machine. 

In many States the use of voting machines is permitted by law. In the one shown 
above all of the candidates on one ticket are in the same horizontal column, all of the 
candidates for any office being in the same vertical column. After closing the curtains 
the voter turns one of the large knobs shown at the left of the cut. This raises all of 
the httle pointers in that horizontal column, and completes the process if the voter 
wishes to vote a "straight" ticket. If he desires to vote for other candidates for any 
offices, however, he turns down the pointer in the column in which the otfice is located 
and turns up the pointer which is immediately above the candidate preferred. In 
either case he then opens the curtains and the vote is mechanically recorded. 



SUFFRAGE AND ELECTIONS 23 

merly it was thought that all laws should be proposed 
and enacted by representatives of the people; but 
nowadays many important measures must be in- 
dorsed by the people before they go into effect. 
State constitutions, although drafted by delegates 
chosen by the people for that purpose, are usually 
submitted to the people for their ratification. Pro- 
posed amendments to these constitutions are always 
approved by the people before they become parts of 
the constitutions. The votes of the citizens decide 
whether bonds may be issued by their government, 
and whether they shall prohibit the sale of liquor. 
This participation of the voters in the work of gov- 
ernment is called direct legislation. Of direct legisla- 
tion there are two forms, the ^^ referendicm,'' which 
allows the voters to ratify measures proposed by the 
officials, as shown above, and the *' initiative!' which The 
permits a certain percentage of the voters to propose ^"^^^^^'^^• 
laws. A measure suggested by the people must be 
considered by the legislature, and if not passed by 
that body, is submitted to all of the voters at the next 
election for their ratification or disapproval. 

23. The Value of Direct Legislation. — The advan- Advantages, 
tages of giving to the people the final decision on 
such important questions as those treated in con- 
stitutional amendments cannot well be questioned. 
It seems equally important that bills or resolutions 
involving the expenditure of large sums of public 
money should likewise be submitted to the voters, 
for the action of the state legislature or the city 
council upon these financial bills might be controlled 



24 



GOVERNMENT AND THE CITIZEN 



by a few members who are willing to sell their votes 
for a consideration. By the initiative, a legislative 
body may be forced to respect the public demand 
for some law, which otherwise it would have refused to 
consider. Acting thus as a check upon the legisla- 
tures, and as a means of educating public sentiment, 
direct legislation gives us better government than 
we should have had without it. There is no doubt 

Dis- that year by year it is being used more extensively. 

advantages, g^^ therein hes a danger, that we shall use it for 
the ordinary details of government (a task for which 
the voters en masse are not fitted) instead of con- 
sidering it a check upon our councils and legis- 
latures. 

The obiiga- 24. The Duty of Voters. — As our country is gov- 
erned by the people, the success of its government 
depends upon the earnest and intelligent action of 
the voting citizens. No voter can be held responsi- 
ble if our governments fall into the hands of those 
who desire personal advantage at the expense of 
the public, but every voter is to blame if he has not 
done the best that he can. If he remains away from 
the polls through indolence or indifference, if he 
votes in a way that his conscience does not approve, 
if he casts his ballot without understanding the princi- 
ples his candidates represent and without informing 
himself concerning the merits of the different nomi- 
nees, he is remiss in his duty. It is true, he may 
make every possible effort to obtain good govern- 
ment without success, but, where misgovernment 
exists within the United States, the fault is the 



tion to vote. 



SUFFRAGE AND ELECTIONS 2$ 

people's, for either they desire such a government, 
or they will not take the trouble to " turn the rascals 
out." 

In some parts of the United States at the present Corrupt and 
time, the governments which are supposed to protect ^^ubiic^^*^"* 
the citizens fail to do so because the officials find officials, 
it profitable to overlook the breaking of laws. To 
these men public office is not a public trust, but a 
private opportunity. They appoint their friends to 
the most lucrative government positions, they obtain 
a commission on contracts for government work, and 
they allow business men to conduct their work in 
peace only in case they pay the required price. 
Besides these political pirates, who fortunately are 
not numerous, there are large numbers of incompe- 
tent officials in office. These men waste the people's 
money and mismanage the business of government. 
If a large proportion of the public offices are filled 
with inefficient or corrupt men, the voters are re- The voter's 
sponsible. It may require long-continued and re- formis-^ '^ 
peated efforts to displace those who are a menace government. 
to our republic, but it can be done, as our history 
proves. That the task is not one of supreme diffi- 
culty is shown by the fact that the great majority of 
our public servants are honest, intelligent, and sin- 
cere. But the corrupt few are so much in earnest 
and so active in promoting their own interests, that 
when they have gained a foothold, nothing less than 
an irresistible demand of the voters will suffice to 
remove them from power. In political matters, as in 
some others, ** eternal vigilance is the price of liberty." 



26 GOVERNMENT AND THE CITIZEN 

TEXT QUESTIONS 

1. State the difference between a citizen and a voter. 

2. What are the principal quahfications and disqualifications 
of voters ? 

3. Explain /^///j/ each of the four steps in a popular election. 

4. Why is registration of voters in cities always necessary ? 

5. How may a person be prevented from voting outside of 
the district in which he resides ? from voting more than once in 
his own district ? 

6. What is a " corrupt practices act " ? 

7. What is the difference between the referendum and the 
initiative ? 

8. Give the advantages of direct legislation. 

9. Look up the definitions of " suffrage " (§ 14), " franchise " 
(§14), " nomination " (§17), " precinct " (§19), " ballot " (§ 19), 
"qualifications" (§19), "candidate" (§20), "polls" (§20), 
"bribery'.' (§21), "partisan" (§21), "ratification" (§22), 
"amendment" (§ 22), "nominee" (§ 24). 

10. Explain the following terms or expressions : " popular 
government" (§13), "manhood suffrage" (§14), "property 
qualification" (§14), "waverers" (§18), "registration" (19), 
"official ballot" (§20), "watchers" (§20), "our political sys- 
tem" (§21), "political pirates " (§ 24). 

11. What is meant by a "national suffrage law" (§ 15)? by 
" foreigners who have declared their intention of becoming citi- 
zens " (§ 15) ? by " election returns were tampered with " (§ 21) ? 

SUPPLEMENTARY QUESTIONS 

1 . Has a man as a man any right to vote ? 

2. Should there be educational qualifications for voters in 
every state ? 

3. Note the recent changes in the suffrage laws of the South. 
(Oberholtzer, "The Referendum in America," pp. 120-125.) 

4. What are the qualifications of voters in this state ? (State 
constitution.) 

5. Are local elections held in this district at the same time 
as state elections ? Where is the usual polling place for this 
precinct ? 



SUFFRAGE AND ELECTIONS 27 

6. What proportion of the voters stay away from the polls ? 
(Hart, " Actual Government," § 40.) 

7. What is the difference between a majority and a plurality? 
Which is necessary in an ordinary election ? 

8. Why is there very little inducement to bribe voters under 
the present ballot laws ? 

9. To what extent is the referendum in use in this state ? 
10. Is the use of the initiative permitted in connection with 

our local or state legislation ? 



Union of 
voters at 
elections. 



Why this 
union be- 
comes 
permanent. 



Two charac- 
teristics of a 
party. 



CHAPTER II 

POLITICAL PARTIES AND THEIR WORK 

25. Why we have Political Parties. — It is scarcely 
possible that elections will be held year after year 
without a determined effort being made by sets of 
men to control the elections. The only way they 
can accomplish their purpose is to combine their 
efforts, in other words, to form an organization. But 
the organization will do them little good, if it ceases to 
exist as soon as the election is over, for at next election 
a new organization is necessary. Continued success 
requires therefore a permanent organization. But a 
permanent organization will succeed only when it 
gains the support of large numbers of the voters. 
Unless the organization is then an organization of 
voters, and not simply an organization of self-seeking 
men, it can accomplish very Httle. But an organiza- 
tion of voters cannot be formed and maintained 
unless these voters have something in common, aside 
from the desire to carry the election. Unless they 
hold similar views on pubHc questions, they cannot 
be held together. At least two things therefore are 
necessary for a party — (i) a fairly permanent set of 
voters holding similar views on pubHc questions, and 
(2) an organization of these voters which directs their 
efforts and carries out their wishes. 

28 



POLITICAL PARTIES AND THEIR WORK 29 

26. The Organization of a Party. — If any one Two parts of 
should ask us what the organization of a poHtical tion°^^^"^^^' 
party is Hke, most of us would probably tell him that 

it consists of the nominating conventions which meet 
before every election, for the purpose of selecting 
candidates for public offices. But these conventions, 
prominent as they are, form the least important part 
of the organization. They meet but once in two 
years, or at most but once a year, and they never 
remain in session longer than a few days. It is 
clearly impossible for them to do all of their party's 
work. The real work of the party is to elect its can- 
didates, and this task, as well as most other partisan 
duties, is performed by permanent party committees, 
which are the backbone of the party, — which are, in 
brief, the organization. Each party has a national 
committee for the whole country, a state committee 
for each state, and one for each county, city, and 
town. 

27. The Primaries. — Several weeks and possibly why 
several months before a state election takes place, the are"he?d^ 
party committee for the state in which it is to be 

held sends out a call for a nominating convention, 
composed of delegates from the towns or counties. 
This gives the date for holding the convention, names 
the place where the delegates will meet, and states 
how many delegates shall be chosen from the towns, 
counties, or other districts to be represented. Very 
soon after there are held in the wards and precincts 
throughout the state primaries which choose the 
delegates that form the state convention. Each 



30 



GOVERNMENT AND THE CITIZEN 



Character of primary is supposed to include all of the voters 

a primary. belonging to oue party who may reside within the 

district or precinct for which it is called. 

It would naturally be supposed that every voter 
would attend the primaries to which he is ehgible, 
because his only opportunities of securing good men 
for office are at the primaries and at the polls on 
election day. At the election, his choice will be 
limited to the candidates that have been nominated, 
all of whom may be unsatisfactory ; but at the pri- 
maries he may aid in electing delegates who will be 
sure to favor good men. In reality, the primary gives 
him a much better opportunity to obtain good govern- 
ment than the election does. Nevertheless, the 
majority of the voters in the United States neglect to 
attend the primaries, or go only to confirm the list of 
delegates proposed by the ward committee of their 
party. This committee undoubtedly knows better 
than the average voter who will make good delegates, 
so that its list of names should ordinarily be accepted ; 
but very often the committee proposes unfit men that 
will not act for the best interests of the party. It is 
of the first importance, therefore, that every voter 
attend the primaries of his party, and make sure that 
the right men are chosen. 

28. A Nominating Convention presents a very inter- 
esting scene. If we should attend a county conven- 
tion, we should find probably several hundred dele- 
gates present, the more populous precincts and towns 
having a larger number than the smaller districts. A 
great many visitors would also be in attendance, and 



POLITICAL PARTIES AND THEIR WORK 31 

we should undoubtedly find a very excited gathering. 
The convention is called to order by the chairman of 
the county committee, temporary officers are chosen 
and committees appointed to draft resolutions and 
report on other matters. At length, perhaps on the 
second or third day of the convention, all other busi- 
ness having been completed, the delegates proceed to 
their real work of nominating men for the different 
county offices. If but one name is presented for any The nomina- 
office, the clerk of the convention casts one ballot for Candidates, 
that nominee ; but if several persons desire the nomi- 
nation, the vote of the entire assembly is taken until 
some one has a majority of the votes cast. Very often 
a set of politicians will have decided before the con- 
vention meets what nominees they desire, and will 
try to get the convention to accept their " slate," as 
such a list of nominees is called, but if more than one 
set of politicians has a slate, or if the rank and file of 
the party disapprove the slates presented, an effort will 
be made to select other candidates. 

29. Direct Nominations. — In several of the South- selection of 
ern states, candidates are nominated for state officers, J^^'^^^ates 

' ' by voters 

not by conventions, but by a direct vote of all the directly. 
members of their party. In many of the other states 
this method is used in making nominations for local 
offices. The names of all those who desire the nomi- 
nation for any office are placed on file with the city 
or county clerk as soon as they have obtained the 
signatures of a certain number of voters. On a day 
set by law an election is held, similar in most respects 
to a regular election, and the voters are allowed to 



32 



GOVERNMENT AND THE CITIZEN 



How the 
committees 
are 
composed. 



What the 

committees 

do. 



select their candidates for each office to be filled 
at the coming election, provided that no one is per- 
mitted to vote for candidates of more than one party. 
The candidate of each party who receives a greater 
number of votes than any other candidate of the 
same party for the same office is declared the nomi- 
nee of that party for that office, and his name 
appears as such on the official ballot used in the 
regular election. 

30. The Permanent Party Committees and their 
Work. — Besides the nominating conventions, each 
party has, as we noticed in § 26, a large number 
of permanent committees. These committees are 
composed of representatives elected by the members 
of their party for terms of two or four years. As 
they may hold sessions at any time, and as the 
local committees usually act in connection with the 
state and national committees, each party has an 
organization of very great power. 

The party committees send out calls for primaries 
and conventions, and take charge of election cam- 
paigns. They decide what voters shall be allowed 
to attend any primary, frequently using this power 
to exclude members of their own party who oppose 
the wishes of the committees. They usually propose 
to the primaries and to the conventions lists of names, 
popularly known as " slates," and use every means 
to secure the election of these men as delegates. 
During the campaign, the committees use every 
means in their power, both before election and on 
election day, to secure votes for their party's candi- 



POLITICAL PARTIES AND THEIR WORK 33 

dates. Because the committee organization is very 
complete, and the parts work well together, the whole 
system of party committees is frequently known as 
the "machine." 

31. Bosses and Rings. — When a machine becomes Selfish char- 
powerful enough to ignore the party members whom ^i^g 

it is supposed to represent and serve, it often uses its 
power for purely selfish purposes, not alone in con- 
trolling primaries, but in electing candidates and in 
making laws. If, in turn, the machine does the bid- 
ding of a clique of men, these partisan dictators 
form what is known as a "m/^." A striking in- 
stance of the enormous power that may be wielded 
by a ring is given by the famous Tweed Ring which 
controlled the government of New York City for 
several years, during which many millions of dollars 
were stolen from the city treasury. 

The politician who controls the machine within his What the 
state, city, or ward is called the ^' doss.'' Boss rule 
unfortunately has been a prominent characteristic 
of American politics for a long time, and is likely 
to continue during our generation at least. Every 
party must have leaders, and the boss is simply the 
partisan worker, who, because of his forceful per- 
sonality, his abihty to handle men, and his adroit 
use of unscrupulous methods, has forced his asso- 
ciates to acknowledge his leadership. 

32. The Voter and Political Parties. — Every voter The question 

.-.,.,. ir 1 • . . .• ofindepen- 

must decide for himself several important questions dent voting. 
regarding his relation to the political parties. Shall 
he remain independent of all the parties, voting first 

D 



34 



GOVERNMENT AND THE CITIZEN 



and local 
elections. 



with one and then with another, or shall he identify 
himself with one party ? Will it be best for him to 
vote always with his party ? If not, when shall he 
espouse the cause of his political opponents, or vote 
for some other candidates? Many earnest citizens 
believe that, by holding aloof from all parties, they 
can be independent and vote for the best candidates 
without prejudice. They, of course, are debarred from 
taking part in the primaries of any party, as they be- 
long to none. Some corrupt men also neglect to ally 
themselves with any party, but vote for the one which 
offers them the best inducement at a particular elec- 
tion. The majority of the voters, however, are party 
men, some of whom are bound to their party by the 
strongest of all ties, those of sentiment. Many of 
these men believe in the motto, " our party, right or 
wrong," and support it at all times and under all cir- 
cumstances, even when the nominees are unfit men 
acting as the tools of dishonest politicians. Most party 
men are undoubtedly willing to ''scratch" their tickets, 
that is, to refuse their votes for a man whom they con- 
sider unworthy, although in most cases they will vote 
a "straight" ticket — supporting every candidate of 
their party. Among men who vote a straight ticket 
at national elections and even at state elections, there 
is a decided movement toward voting independently in 
local elections. They think that in state and national 
elections it is necessary to uphold the party's policy, 
but that when municipal or county officials are chosen, 
the question of the individual fitness of the candi- 
dates is the thing that must be considered first. 



POLITICAL PARTIES AND THEIR WORK 35 

TEXT QUESTIONS 

1. What two things are necessary for a party ? Name the 
two parts of a party^s organization. 

2. What is a primary ? Why are the primaries of the great- 
est importance ? How do the politicians try to control the pri- 
maries and conventions ? 

3. Describe the work of a nominating convention. 

4. What is the purpose of direct nominations ? What 
methods are used in direct nominations ? 

5. What permanent committees has each party and what do 
they do for the party ? 

6. Explain the following words or expressions : " primary " 
(§27), "slate" (§28), "direct nominations" (§29), "machine" 
(§30), a "ring" (§31), a "boss" (§31), an "independent" 
(§ 32), to "scratch" a ticket (§ 32), a "straight ticket" (§32). 

SUPPLEMENTARY QUESTIONS 

r. The history of national parties. (Ashley, "American 
Federal State,'' §§ 533-540.) 

2. For examples of corrupt primaries consult Dallinger's 
"Nominations for Elective Office," pp. 108-121. 

3. Are direct nominations preferable to nominations by party 
conventions ? 

4. How are candidates for the presidency nominated ? (Bryce, 
" American Commonwealth," abridged edition, pp. 460-477.) 

5. Why may a voter in direct nominations vote for the mem- 
bers of one party only ? 

6. How are funds secured for a party's work ? (Woodburn, 
" Political Parties," pp. 266-274.) 

7. How is a presidential campaign conducted ? {Review of 
Reviews, XIV (1896), pp. 550-559, XXII (1900), pp. 549-562, 
XXX (1904), pp. 289-298.) 

8. What are the chief objections to "ring rule " and " boss rule" ? 

9. An English statesman's view of rings and bosses. (Bryce, 
"American Commonwealth," 3d regular edition, II, pp. 107-119.) 

10. Why should a party man vote independently in local 
elections ? (Compare § 116.) 

11. On political independence and party loyalty consult 
Woodburn, "Political Parties," pp. 295-303. 



CHAPTER III 

FINANCIAL SUPPORT OF THE GOVERNMENTS 

33. Why Safeguards are Necessary in Government 
Expenditure. — It would be impossible for our gov- 
ernments to successfully perform the many duties 
assigned to them without spending a great deal of 
money. As almost all of this comes directly or indi- 
rectly from the pockets of the citizens, it is very im- 
portant that this money should be raised by as just 
taxes as possible, and that it should be expended 
wisely. The danger is not only that dishonest men 
will find ways to rob our public treasuries, but that in- 
competent officials will squander public funds by over- 
paying ignorant employees, or by paying for poor 
work a sum that should have secured the best obtain- 
able. It is unfortunately true that many people will 
take advantage of a government, who would scorn to 
cheat an individual. Very often our cities do not get 
the worth of their money when they make contracts 
for street lighting or paving, and our national post 
office annually spends much more than a private 
corporation would pay for the same service. 

34. For what Our Governments expend Money. — 
All of our governments spend a biUion and a half 
dollars a year. It cannot easily be realized how 
enormous that sum is. If it were paid in silver dol- 
lars stacked in piles, one hundred and forty in a pile, 

36 



FINANCIAL SUPPORT OF GOVERNMENTS 37 

it would cover a floor as. large as that of St. Peter's 
Church in Rome, the largest building in the world. 
Nearly one half of this immense amount is expended 
by Congress, which decides how much money the items of 
national government shall raise and expend everv "^^^°^^^ 

^ -^ expense. 

year. Over one hundred millions each goes for pen- 
sions, war appropriations, naval appropriations, post- 
office expenditures, and for the salaries of government 
officials and employees. 

More than one half of the other expenditures of The cost of 
our governments are made by the cities, which are ^ovemment 
obHged to make costly improvements. Of the nine 
hundred millions spent annually by our state and 
local governments, by far the largest item of expense 
is that of the pubUc schools, which cost us more than 
two hundred millions annually. The maintenance of 
a police force, of police courts, and of institutions for 
the punishment of criminals show that a large sum 
must be paid to preserve order, especially in cities. 
When we add to these items the cost of immense 
sewer systems, a vast network of water pipes supplied 
by large reservoirs, the cost of street paving and 
lighting, the expense of a fire department, and of a 
system of city parks, we readily see that the city 
governments are particularly expensive. 

A part of these expenses is in the nature of an in- investments 
vestment, as when, for example, a new city hall is e^enses^"* 
built, or new bridge constructed ; but most of them 
must be classed as current expenses. Part or all of 
the cost of any investment may be met by borrowing 
money, but the money for the ordinary expenditures 



38 



GOVERNMENT AND THE CITIZEN 



Distinction 
between di- 
rect and indi- 
rect taxes. 



Why 
national 
taxes are in- 
direct and 
local taxes 
are direct. 



must be obtained from the ordinary revenue, the 
larger part of which is derived from taxation. 

35. Direct and Indirect Taxation. — We may clas- 
sify all taxation as direct or indirect. When we go 
to the tax-collector's office and pay him the amount 
of the tax on our land, the tax is direct, but if an 
importer pays a tax on goods that he brings from 
abroad, and then adds the amount to the price of the 
goods, so that the one who afterward purchases the 
goods pays the tax, then it is i7idirect. When we 
speak of paying taxes, we mean paying direct taxes, 
for we may not know when we pay an indirect tax or 
how much of a tax we pay. 

It is interesting to notice that our national govern- 
ment secures most of its revenue from indirect taxes, 
while most of the public money for state and local 
purposes comes from direct taxation. This is due to 
the fact that taxes on land and on other property 
cannot be assessed over an area larger than a state 
without taxing some states much more than others. 
On the other hand, if the border states might tax 
foreign imports as much as they pleased, it would be 
unfair to the inland states which could levy no tax of 
this kind, and would lead to the greatest confusion in 
the business world. Taxes on imports are therefore 
assessed by the national government. For these 
reasons, state and local taxes are usually direct, and 
national taxes ordinarily indirect. 



Character 
and forms. 



36. The General Property Tax is the chief source 
of revenue to the state and local governments, being 



FINANCIAL SUPPORT OF GOVERNMENTS 39 

used as a local tax in most. Theoretically, it is levied 
on everything that possesses value, but in practice 
a great many articles escape taxation, as we shall 
see. It is customary to say that one part of the tax 
is that assessed upon real estate, i.e. lands and houses, 
while the rest is upon personal property, including 
house furniture, stocks of goods in stores, farm im- 
plements, horses and cattle, notes, bonds, and other 
forms of credit. 

37. The Assessment of the General Property Tax. — statements 
In order to aid the assessors who determine the value assessment. 
of each man's property, every one that owns anything 
assessable is obliged to make out a written inventory 

of his property, with an estimate of its value. He 
must swear that this inventory, known as a " state- 
ment," contains a complete and correct list of all 
his taxable wealth. With these statements in their 
possession, the assessor and his assistants make up 
the assessment rolls, showing the total assessable 
value of property within their district, usually a town 
or some other subdivision of the county. 

Certain classes of property are exempt from taxa- Exempted 
tion. In most states churches that are used exclu- P'^^P^'^^y- 
sively for religious services are not taxed. Taxes 
are not paid upon school buildings or other public 
property. The list of exempted property often in- 
cludes more than a tenth of all the property within 
a town or city. 

38. Difficulties in assessing Property. — There are Difficulties 
certain difficulties inseparable from the assessment of ^.eaTestTte.^ 
any property. The assessed value of real estate 



40 



GOVERNMENT AND THE CITIZEN 



Difficulties 
in assessing 
personal 
property. 



Qualifica- 
tions of a 
good 
assessor. 



County 
boards of 
equalization. 



must depend to a great extent upon the assessor's 
judgment, and, for that reason, it is difficult to secure 
a perfectly uniform assessment even by one man. 
But as no one person is likely to do all this work 
within a town, and as it would be impossible for 
one assessor to assess all of the property within a 
county, there is great danger that some individuals 
will be compelled to pay more than their share of 
the tax. 

With personal property, much more trouble is 
experienced than with real estate. A great part of 
this form of wealth may be concealed easily, so that 
the assessors are ignorant of its existence. As a 
rule the inequalities of assessment of personal prop- 
erty, and consequently of taxation between man and 
man, are very marked. In many states little at- 
tempt is now made to search out these more " intan- 
gible " kinds of property, and the personal property 
tax law is practically a " dead letter." A large num- 
ber of states are seeking to reach this form of wealth 
through other channels, as we shall see. 

It must be perfectly evident that we need capable 
and upright men as assessors. There are few parts 
of the government's work that can affect us person 
ally so much as a just or unjust assessment of our 
property, and to protect ourselves, as well as our 
neighbors, every care should be taken in the selection 
of these officials. 

39. How Assessments are << Equalized.'* — In order 
to have the assessment of property in the different 
towns of a county as nearly uniform as possible, 



FINANCIAL SUPPORT OF GOVERNMENTS 41 

county boards of equalization have been formed. 

The principal work of the boards is to decide whether 

the assessors of any town have been too lax or too 

strict. If they find that any set of assessors have 

assessed their town too low, the assessment is raised 

to correspond with the others. The assessments 

from the counties are treated in the same way by the 

state board of equalization, which considers evidence state 

to determine whether the assessment throughout the equalization. 

state is uniform, and, if it is not, to make it as nearly 

so as possible. 

40. The Payment of Taxes. — When the boards of The tax rate, 
equalization have completed their tasks, the tax rate 

for the coming year can easily be ascertained. The 
amount of money needed to run the city or county 
has already been established, and when this sum has 
been divided by the total assessed value of property 
within the city or county, the rate of tax upon every 
dollar's worth of property is known. All taxes not 
paid before a certain day become " delinquent," and Delinquent 
a penalty of from one to ten per cent, besides interest 
at a high rate, is added to the amount of the taxes. 
If still unpaid, the government for which the tax was 
assessed allows any one who will pay the tax to 
collect the amount, giving him what is virtually a first 
mortgage upon the property at a high rate of interest. 
Because of these rigid regulations, the prompt pay- 
ment of taxes is customary. 

State taxes are never paid directly to state officials, 
but to county, or in New England to town, officials. 

41. Observations upon the General Property Tax. — 



42 GOVERNMENT AND THE CITIZEN 

The extent to which the general property tax is used 
The tax in must be taken as an indication of its value. Indeed, 
cfmmunSes ^hc tax is quite satisfactory in those communities 
that have no large cities, and none of whose people 
are especially wealthy in other things than houses 
and lands. Unfortunately, few of our states can be 
said to be of this class, for with the very great devel- 
opment of commerce and industry during the last two 
or three decades, some men have become very much 
The tax in richer than others. Our city population has mean- 
communities, while increased from one fifth to one third of the 
whole population. The present outlook is that the 
general property tax will be used much less by the 
state governments than formerly, although it is likely 
to be the financial mainstay of the localities for a long 
time to come. 
Objections to The principal objections to the general property 
tax may be stated as follows : — 

(i) It is practically impossible to discover and 
assess " intangible " property through this tax. 

(2) As a result of this failure, the farmer and the 
poor man pay more than their share of the tax. 

(3) Because of the difficulties of assessing it over 
a large area, it is not a good state tax. 

Corporations 42. Corporation Taxcs. — As the general property 
tax is being discarded for state purposes, its place is 
being taken by what are called corporation taxes. 
Most of our business nowadays is done by large com- 
panies which are incorporated under state laws and 
therefore called corporations. It is much easier to 
tax these corporations by compelling each corpora- 



and corpora' 
tion taxes 



FINANCIAL SUPPORT OF GOVERNMENTS 43 

tion to pay a special tax on its stock, than it is to 
assess each stockholder for the stock in his posses- 
sion, as is done under the older general property tax. 
Some states try to tax banks, insurance companies, 
and other corporations by making them pay a certain 
per cent of their profits. There is no doubt that this 
attempt to reach corporate wealth through the cor- 
poration is much more satisfactory and successful 
than to assess the same upon the individual who may 
hold stock or bonds issued by the company. 

43. Other Forms of Local Revenue. — In addition to Poii taxes, 
the general property tax, our towns, cities, and counties 
obtain large sums from poll taxes and licenses and 

from any business conducted by the governments. 
A poll tax is a tax of a fixed amount assessed equally 
on all men over twenty-one, and is therefore much 
more burdensome to the wage earner than to men of 
wealth. 

In order to do business of certain kinds, licenses Licenses, 
are required. The fee charged may cover simply the 
cost of making out the necessary papers, but fre- 
quently is a source of profit. This is especially true 
of liquor licenses, which in some states constitute one 
of the chief sources of local revenue. 

The cost of local improvements is met usually, in Special 

, , . , , assessments 

part at least, by special assessments upon the property 
most benefited. In grading and paving a street, for 
example, the owners of the real estate on both sides 
of the street will be asked to pay for the improvement 
in proportion to the amount of their property. 

44. Business Income. — Especially in cities, a part 



44 



GOVERNMENT AND THE CITIZEN 



of the revenue is derived from business enterprises 
conducted by the government. Since many cities own 
their system of waterworks, the charges collected 
from the patrons add greatly to the municipal income. 
Where other public utiHties are managed by the 
cities, as electric lighting, the municipal revenue is 
still further augmented. The net profit obtained from 
these sources is, however, likely to be small, as the 
business is usually conducted with a view of doing as 
much as possible for the citizens, rather than of 
making money. 

When the citizens allow private companies to furnish 
a supply of water, gas, or electricity, or to manage 
street railways, they give them permits or franchises.^ 
The corporations often pay nothing for these, but the 
sale of franchises is even now a help in paying a city's 
expenses. As the people come to realize how valu- 
able the franchises are, it is likely our cities will obtain 
at least a small share of the profit made by private 
water, gas, and transportation companies. 



45. Inheritance Taxes. — Nothing shows more 
plainly the duty of citizens to their governments for 
the protection afforded them in the amassing of 
wealth than the inheritance taxes. As the laws of 
the country make it possible for men to make great 
fortunes, and as but a small part of that property is 
repaid to the governments in the form of taxes during 
the lifetime of the capitaHst, it is thought that when 

1 The student should distinguish carefully between business franchises 
and the elective franchise (§ 14). 



FINANCIAL SUPPORT OF GOVERNMENTS 45 

he dies the pubhc is entitled to a share of the wealth 
gained under its protection. The percentage of the 
bequests that come to our governments depends on 
two things : First, on the amount of the bequest. 
Small sums are rarely taxed and the rate increases 
with the size of the bequest, so that the tax on What rates 
a bequest of ^1,000,000 will probably be twenty fnhJritl'lice 
times that on one of $100,000. Second, the rate *^^^^- 
is low for a wife and children, but higher for 
distant relatives, and highest for those who are not 
related by blood to the deceased. The highest rate 
paid out under the present national inheritance tax is 
fifteen per cent, but state taxes on the same bequests 
may more than double the amount. 

46. Customs Duties. — Most of the revenue of the Free and 
national government during the one hundred and good^.^^ 
fifteen years of its existence has come from duties on 
goods imported from foreign countries. Not all im- 
ports are taxed, however, and the rates on those that 
are dutiable vary widely, the tax often being greater 
than the original cost of the articles. 

The chief advantages of customs duties is that the Merits and 
tax is not felt by the person who eventually pays it, customs! ° 
for the importer simply adds the amount of the tax 
to the cost of the goods, and the customer does not real- 
ize how much of a tax he has paid. Its chief disadvan- 
tage is that in times of prosperity, when national 
expenditures would naturally be light, the revenue 
from the tax is great, while in time of war, when ex- 
penditures are heavy, the imports of goods decrease 
visibly and the duties are correspondingly reduced. 



46 



GOVERNMENT AND THE CITIZEN 



Process at 
ports of 
entry. 



Travelers. 



Character of 
the tax. 



Collection of 
the tax. 



47. The Collection of Duties. — These duties are 
collected at ports of entry located at convenient points 
along our boundary line. Each importer presents an 
inventory of his goods, and United States govern- 
ment officials decide what duty shall be paid. Impor- 
ters naturally attempt to place low values on their 
articles in order to escape the tax, and the govern- 
ment tries to prevent this undervaluation by taxing 
such goods double rates. 

Travelers returning from abroad are allowed to 
bring back ^loo worth of clothing purchased in 
other countries, but must pay duty on everything else. 
The application of the customs laws to travelers leads 
to many annoyances and a large amount of petty 
smuggling. 

48. Internal Revenue. — To-day the national gov- 
ernment obtains as much money from internal taxes 
as from those upon imported goods. The rates are 
quite high, and the articles taxed include spirits, fer- 
mented liquors, and manufactures of tobacco. These 
internal taxes are especially valuable in time of war, 
because the rates may be increased, and other arti- 
cles may be taxed, without interfering with business. 
During the Civil War and the Spanish-American 
War, Congress levied new stamp taxes on business 
operations, such as the drawing of checks, the making 
of notes, and the transference of property, as well as 
upon the different processes in the manufacture of 
various articles. 

These taxes are gathered by collectors appointed 
for that purpose and aided by secret service agents 



FINANCIAL SUPPORT OF GOVERNMENTS 47 

who ferret out factories and distilleries that are run 
secretly. In the mountain districts of the South 
there are a great many small private distilleries 
run by " moonshiners," who are constantly having 
difficulty with the government officials. 

49. Miscellaneous National Taxes. — It was sup- Direct taxes 
posed when the Constitution was adopted that a large 

part of the revenue of the United States government 
would come from direct taxes levied upon the states 
in proportion to their population, but Congress has 
not seen fit to gain money by this means except five 
times, four of which were during the wars of 1812 
and of 1 86 1. Unlike the taxes upon imports or 
manufactures. Congress does not decide what the 
rate shall be, but ascertains the total amount of the 
tax, apportioning to each state its share. 

As already stated (§45), there is a national tax on income taxe 
inheritances. During the Civil War taxes were levied 
on incomes also. In 1894 an attempt was made to 
levy another income tax, but the Supreme Court of 
the United States declared it unconstitutional, on the 
ground that it was a direct tax, which must be levied 
on the states in proportion to their population. 

50. Borrowing Money. — It is hardly possible that Bonds and 
any government will borrow money to meet its regu- ^ °j^ ^^ ^^' 
lar expenses, although this is sometimes necessary. 

But when the national government is engaged in war, 
its ordinary revenue is insufficient. When a city 
builds a number of schoolhouses or a county erects 
a new court-house or a state constructs a great canal, 
it seems unjust to lay the whole burden of these 



48 GOVERNMENT AND THE CITIZEN 

undertakings upon the taxpayers during the year or 
two in which the work is being done. In consequence, 
the government needing the money issues what are 
called bonds, which bear a certain rate of interest 
and are payable after a term of years, usually twenty 
or thirty. These bonds are sold publicly to the high- 
est bidders. If they sell for more than their face 
value, they are said to be at a premium, if for less 
than the amount given in the bond, they sell at a 
discount. 

At present our national government owes about 
one billion dollars, for which bonds have been issued. 
More than one half of these bear only two per cent 
interest, and sell at a premium, showing that the 
credit of our national government is the best in the 
world. Our cities are in debt for almost as much, 
but they have property which usually exceeds in value 
the amount of the debt. 



TEXT QUESTIONS 

1 . Why do our governments expend so much money ? 

2. What is the difference between "investments" and "cur- 
rent expenses " ? 

3. Why are national taxes ordinarily indirect, whereas state 
and local taxes are usually direct ? 

4. Is it more difficult to assess real estate or personal property ? 
Why ? 

5. State the three principal objections to the general property 
tax, and explain each. 

6. What are corporation taxes ? On what are the taxes as- 
sessed ? 

7. Why is the net revenue from municipal enterprises likely 
to be small ? 

8. Are all of the local taxes direct ? (Apply the definition of 



FINANCIAL SUPPORT OF GOVERNMENTS 49 

a direct tax to each of those used by the local governments.) 
What is the best national tax under ordinary circumstances ? 
in time of war ? 

9. Is it more difficult to assess general property than it is to 
determine the value of imports or manufactured articles subject 
to an excise tax ? (Compare §§ 38, 47, 48.) 

10. How does a government borrow money? 

1 1 . Explain the meaning of the following terms : " mdirect taxa- 
tion " (§ 35), "personal property " (§ 36), a "statement" (§ 37), 
" exempted property " (§ 37), " intangible property " (§ 38), " the 
equahzation" of assessments (§ 39), "tax rate" (§ 40), "delin- 
quent taxes" (§ 40), "net income " (§ 42), "poll taxes " (§ 43), 
"licenses" (§ 43), "special assessments" (§ 43), "public 
utilities" (§ 44), "bequest" (§ 45), "dutiable goods" (§ 46), 
"smuggling" (§ 47), "undervaluation" of property (§ 47), 
" moonshiners " (§ 48), "bond " (§ 50), " to sell at a premium" 
(§ 50.) 

12. Explain what is meant by {a) "the personal property tax 
law is practically a ' dead letter' " (§ 38), {b) "the transference of 
property" (§ 48). 

SUPPLEMENTARY QUESTIONS 

1. For what does our city (or county) spend the most money ? 

2. What property does this city own ? Is it probably worth 
more than the amount of the city's debt ? 

3. What is the chief advantage of indirect taxes ? When may 
the fact that an indirect tax is not felt be a great disadvantage ? 

4. Is property in this section assessed at its real value, or is it 
greatly undervalued ? 

5. When are our taxes due ? Is there a poll tax in this 
county ? 

6. What is the assessed value of property in this county (or 
city) ? How much money does the county government rai^e by 
means of the general property tax ? How do you find the tax 
rate ? Find it. 

7. Does our state devote most of its capital and energy to 
agriculture, or to manufacturing and commerce ? To what extent 
is the general property tax used in this state ? 

8. What is a franchise ? Explain how "the sale of franchises 
is even now a help in paying a city's expenses." (Consult § 103.) 

E 



50 GOVERNMENT AND THE CITIZEN 

9. Should not the rate of a tax be greater for a rich man than 
for a poor man ? 

10. Why do the imports of goods decrease visibly in time of 
war ? 

1 1 . Little tricks of smuggling. ( Cosmopolitan^ XXVIII ( 1 900), 
pp. 564-570.) 

12. Moonshiners and their ways. {Cosmopolitan, XXIII 
(1897), pp. 127-134.) 

13. What is meant by the Supreme Court's declaring the in- 
come tax of 1894 unconstitutional? (Consult § 187.) 

14. Fill out the blanks in the tables below, obtaining figures 
from newspaper almanacs and from reports of local officials. 

National Taxes 



Name of Tax 


Revenue from Tax during Year 190- 














Total revenue 





Local Taxes (^City or County) 



Name of Tax 


Revenue during Year 190- 






















Total revenue 





CHAPTER IV 

THE PROTECTON OF INDIVIDUAL RIGHTS 

51. Individual Rights in History. — In addition to individual 
the privileges which we have considered in the pre- England anc 
ceding chapters and the benefits which we enjoy ^"^^^ 

colonies. 

under our governments as described in Parts II and 
III of this book, there are certain legal rights which 
are guaranteed to every citizen by the Constitution 
of the United States and by the constitution of 
the state in which he resides. Many of these rights 
constitute what we call " individual liberty," because 
the constitutions protect individuals from the govern- 
ments. Some of them have a most interesting his- 
tory, for they are the result of the struggle which 
took place in England and in the colonies between 
the kings and their representatives on the one hand 
and the people on the other. By centuries of patient 
effort did our ancestors secure these privileges which 
made the English-speaking people renowned through- 
out the world as a hberty-loving and a free people. 

52. Freedom of Speech and of the Press. — We can- importance 
not realize what it means to be able to speak and speech and a 
write freely our opinions on all subjects without dan- free press, 
ger of being fined or imprisoned. Neither can we 
appreciate the importance of having in this country 
newspapers which are allowed to print news regard- 

51 



52 



GOVERNMENT AND THE CITIZEN 



ing public business, to explain the meaning of pro- 
posed laws, and to criticise public officials who do 
wrong. Very often our newspapers go too far. 
They search out the faults of those belonging to 
the opposite party and greatly exaggerate the fail- 
ings of their opponents by word and by "cartoon." 
Yet it is true that there can be no free people 
without a free press, and we should be much worse 
off if our governments might suppress news and 
reports, as may be done in many foreign countries. 
Freedom of speech and of the press, moreover, does 
not mean that one person may maliciously injure 
the reputation of another, for that is libel, and is 
punishable in every part of the Union by imprison- 
ment or fine. 

53. Religious Liberty. — It is no less difficult for 
us to understand that people have not always been 
permitted to hold what religious views they pleased 
and to worship God in their own way. Any other 
system is to us almost unbelievable, and yet we 
know that in past ages millions of people have 
suffered death rather than support a religion in 
which they did not believe, and that at present in 
some countries all people must contribute to a church 
designated by the government. It is eminently 
fitting that in this country, where religious free- 
dom was permitted when restrictions existed every- 
where else, our national and state constitutions 
The religious should provide for the fullest liberty in reUgious 

rights we 

now enjoy, matters. No government may dictate to any one 
what church he shall attend, or compel him to con- 



Libel suits. 



Religious 
freedom in 
history. 



PROTECTION OF INDIVIDUAL RIGHTS 5^ 

tribute for the support of any church, the estabHsh- 
ment of state churches being everywhere forbidden. 
No person is disqualified from holding office or 
exercising legal rights because of his religious views, 
although a very few of the older states make belief 
in the Deity a requisite for holding certain state 
offices. Such practices as polygamy, however, are 
punished as crimes, even when permitted by a 
religious sect. 

54. Personal Security. — Another of the guarantees Freedom in 

. . . . T ^ , our homes. 

which our constitutions give us is that 01 personal 
security. History records very many instances where 
people have been arbitrarily arrested and thrown into 
prison, their homes searched and their property 
seized. We cannot be arrested unless we are seen 
committing a crime, or unless some one will swear 
out a warrant for our arrest. Our homes cannot 
be searched unless we are accused of a specific 
offense. No soldiers can be quartered in our homes 
in time of peace without our consent, and we may 
keep and bear arms for our protection. If any one 
claims that we have committed a crime, the greatest 
care is taken to insure a just and speedy trial. 

55. The Rights of Jury Trial. — In England dur- The jury in 
ing mediaeval times, the chief protection for persons 
accused of crime was their right to demand a trial 
by their neighbors. In other countries, judges 
selected by court favorites usually sentenced cul- 
prits. When we separated from Great Britain in 
1776 and formed state governments, and afterward 
when we adopted a national Constitution (1787), care 



history. 



54 



GOVERNMENT AND THE CITIZEN 



Rights before 
trial. 



Rights dur- 
ing and after 
trial. 



was taken to see that no person accused of crime 
should be tried except by a jury. Most of us have 
probably been in a court room when a trial was 
going on and have seen the jury of six or twelve 
men who hear the evidence and decide whether the 
accused is guilty or innocent. 

Not only may no person be convicted of crime 
without a jury trial, but no one may be held for trial 
unless he is accused of a particular offense. If the 
crime is murder, no person can be tried unless the 
charge against him is in the form of an mdictment 
made by a jury which has examined the evidence. 

Except for crimes punishable by death, the accused 
has the opportunity of offering bail, which is forfeited 
if he fails to appear on the day appointed for trial. 
If convicted, no unreasonable fine or punishment may 
be imposed upon him. 



The work of 
the courts. 



Criminal 

cases. 



56. The Distinction between Civil Suits and Crimi- 
nal Cases. — Having considered some of the guar- 
antees placed in our state and national constitu- 
tions for the protection of individuals, let us notice 
the process by which the courts deal with cases 
which they are asked to decide. The courts aim 
to administer justice by considering all cases 
brought before them by some person or body of 
persons who claim to have been injured by the act 
of another. If the act is of such a character that it 
affects the general pubHc as well as the party directly 
wronged, the act is considered a crime, and the 
people try to see that the guilty party is punished. 



PROTECTION OF INDIVIDUAL RIGHTS 55 

For example, if robbery, arson, and murder have been 
committed, the punishment of the offender could not 
wisely be left to private parties, however grievously 
they had been wronged. On the other hand, dis- 
putes over land titles, failure to pay promissory notes. Civil suits. 
or neglect to perform a contract, involve compara- 
tively little injury to the public, and cases relating to 
these subjects are termed " civil suits." 

57. The Beginning of a Civil Suit. — When a The parties 
party begins suit against another before a court of narie^'!^ ^"^^" 
law, he is known as the ''plaintiff," the party against 

whom action is brought being called the " defend- 
ant." The first step is taken by the plaintiff in a 
paper called the " writ," in which are set forth the 
injuries alleged to have been done by the defend- 
ant. The defendant then makes a reply in which 
he presents his side of the case. Additional replies 
may be necessary to determine exactly what is in dis- 
pute between the parties. When these replies have 
been completed, the case is ready for trial in court. 

58. The Completion of a Lawsuit. — Lawsuits are The taking 

. . , . - , of evidence. 

usually tried by judges, although m most 01 the 
states either party may claim the right of jury trial. 
Evidence is presented, first by the prosecution, the 
plaintiff's side, and then by the defense. Witnesses 
are called and examined by the attorney who brought 
them to court, and afterwards cross-examined by the 
opposing lawyer. Each side then has an opportunity 
to refute statements brought out in the latest evi- 
dence of the other, and for the arguments of the 
attorneys. 



56 GOVERNMENT AND THE CITIZEN 

The decision. Last of all the judge or the jury decides the 
case. Two things are involved in the decision : 
(i) What are the facts in the case? Has the plain- 
tiff proved his claim or has the defendant shown 
his statements to be true ? (2) What is the law on 
the subject under discussion ? Does it provide a 
remedy for the injury supposed to have been done 
by the defendant to the plaintiff ? When there is a 
jury, the judge gives it his " charge," that is, ex- 
plains what the provisions of the law are and what 
they mean. The jury then decides whether, accord- 
ing to the law, the defendant has done the plaintiff 
a wrong. If so, he is compelled to make suitable 
payment. 
In what 59. The Beginning of a Criminal Prosecution. — 

ways persons pg^-gons suspcctcd of having Committed crimes are 

are brought ^ 

to trial. arrested upon warrants which state the cause of the 

arrest, or without warrants, if caught under suspi- 
cious circumstances. After a brief period in jail, 
they are brought to trial either upon an " informa- 
tion," a charge made against them by a public 
prosecutor, or upon " indictment," a formal accusa- 
tion indorsed by a grand jury, the latter method 
being prescribed by many of the state constitutions 
if the accused is thought to be guilty of a felony, as 
a very serious crime is called. 
The 60. The Trial of an Accused Person is begun by 

arraignment. j-Q^^^i^g [^ Open court the charge against him and 
giving him a chance to plead guilty or innocent. If 
he pleads " not guilty " when asked, " Are you guilty 
or not guilty } ", the court provides him with coun- 




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PROTECTION OF INDIVIDUAL RIGHTS 57 

sel — unless he has already retained the services of 

a lawyer — and a jury is selected at once. Many Selection of 

citizens have already been summoned for jury ^'^^J^'^^- 

service, and, as the names of these are drawn by 

lot, each is questioned by the attorneys for the state 

and the defense, in order to learn whether he has 

already formed an opinion regarding the guilt of 

the accused, or is biased in any way that would 

affect his vote on the final verdict. If objectionable, 

he is dismissed. When twelve men satisfactory to 

both sides have been selected, the prosecution calls its 

witnesses, and the trial proceeds in much the same 

way as in a lawsuit. 

When the evidence is all in and the closing argu- verdict of 
ments have been heard, the judge instructs the jury ^^^J^^^- 
as to the law, and the jurymen withdraw until a ver- 
dict has been reached. If declared innocent, the 
accused is at once set free ; if found guilty, his lawyer 
will probably appeal the case to a higher court, or 
ask for a new trial ; and, if the jury disagree, he will 
be held for another trial, as legally no trial has taken 
place. 

If guilty, sentence is pronounced by the judge, The 
usually without delay, the court having discretion as ^^^*^^^^- 
to the advisability of giving the convicted party the 
maximum or the minimum punishment provided by 
the law for crimes of that class. 

61. The Jury System. — Juries are of three kinds. Three kinds 
(i) Grand juries, which are composed of from twelve ° J^^^^^- 
to twenty-three men, hold secret sessions, and either 
investigate the causes of crimes that have been com- 



58 



GOVERNMENT AND THE CITIZEN 



Who may 

serve on 
juries. 



mitted, bringing indictments against those they be- 
lieve guilty, or investigate the condition of the depart- 
ments of government and their expenditures of money. 

(2) The petit or ordinary jury of twelve men set- 
tles most civil disputes and decides criminal cases. 

(3) The police jury consists of six men and deter- 
mines the guilt or innocence of persons accused of 
committing misdemeanors, that is, minor crimes. 

Only citizens are allowed to sit on juries. On 
account of the inconveniences of jury service, practi- 
cally all professional men are exempt by law from 
jury duty, and, on account of the annoyance caused 
by being taken from their business, most of the other 
prominent men of the community shirk jury duty as 
far as possible. In some states juries are " drawn " 
from a list of those subject to service, and a summons 
served upon those chosen to appear at court on a 
certain day. In other states jurymen are selected 
by jury policemen who serve the summons on those 
whom they find on the streets or at their places of 
business. 
Advantage to 62. The Advantages of Juty Trial. — Juries are an 
trkr^^^'^^" advantage both to the accused and to the jurymen. 
To the former, because the facts connected with his 
guilt or innocence are viewed from the standpoint of 
common sense rather than of law. The jury disre- 
gards technicalities, but places the emphasis upon the 
right or wrong involved. It takes into account the 
circumstances, the motive, and the consequences, so 
that if it errs at all, it errs on the side of leniency. 
To the citizen, the jury gives opportunity for civic 



PROTECTION OF INDIVIDUAL RIGHTS 59 

education. It brings him into touch with the work of Benefits to 

11. r • 1 jurymen. 

administering the law, and makes him part of it, and, 
in so doing, gives him clearer conceptions of legal 
rights and methods, and fits him to exercise his duties 
as a citizen with greater knowledge and to better 
purpose. 

63. The Disadvantages of Jury Trial. — The main Abuses and 

, ^ defects. 

question is whether these advantages are worth what 
they cost, whether they apply to all forms of jury 
trial, and whether they are not, after all, but partially 
secured on account of the numerous exemptions from 
jury duty. Certain it is that the exemption of pro- 
fessional men, and the frequent refusal of attorneys 
to accept as jurymen men who have formed opinions 
regarding the case to be tried, have given rise to a 
popular behef that only the ignorant are desired as 
jurors — a belief not well founded in most localities. 
In any civil case involving knotty problems of law, 
the ordinary juror is almost of necessity incompetent 
to render a just decision, while in a lawsuit or criminal 
case where a strong appeal can be made to the emo- 
tions or to prejudice, the jury is likely to be unduly 
influenced in its verdict. The fact that a lawyer who 
has a weak case almost invariably asks for a jury 
trial is an indication that the jury errs often on 
the side of leniency. In short, unrepresentative of 
the communities as our juries must be under present 
conditions, they often defeat the ends of justice, in 
civil suits, through their ignorance, and in criminal 
cases, through their prejudice. 



6o GOVERNMENT AND THE CITIZEN 

TEXT QUESTIONS 

1 . Give the most important personal rights enjoyed under our 
constitutions. 

2. How does the public seek to protect the rights of a person 
accused of crime ? 

3. What is the distinction between a civil suit and a criminal 
case ? 

4. Describe the process in a civil suit. 

5. What is the difference between an " information " and an 
" indictment" ? 

6. Give the kinds of juries, with the duties of each. 

7. How does " the jury give opportunity for civic education "" ? 
(§ 62.) 

8. Why is a juryman often unable to render a just verdict ? 

9. Explain the following words or expressions : " individual 
liberty" (§51), "libel" (§ 52), "state churches" (§53), "bail" 
(§ 55)» "plaintiff" (§ 57), "defendant" (§ 57), the "prosecu- 
tion " (§ 58), " appeal " (§ 60). 

SUPPLEMENTARY QUESTIONS 

1. Give the provisions of our state constitution regarding 
religious freedom, freedom of speech, and right in trials. 

2. Name the most important rights mentioned in the first 
eight amendments of the United States Constitution. 

3. Look up Mr. Bryce's discussion of state bills of right in 
his " American Commonwealth," abridged edition, pp. 307-311. 

4. How are jurymen selected in this locality ? Do they serve 
without pay ? Who are exempt from jury duty ? 

5. Do the advantages of the jury system outweigh the dis- 
advantages ? 

6. Can the jury be improved ? {Mtmsey'^s Magazine, XXIX 
(1903). PP- 723-726.) 



PART II 
STATE AND LOCAL GOVERNMENT 

CHAPTER V 

THE PROTECTION OF THE PUBLIC 

64. The States and the Localities. — In Part II of state and 
this book we shall study the state and local govern- ^^H^ p^rt^of" 
ments of this country together. It may appear thesame 

•^ " _ political 

strange at first that governments that seem so dis- system. 
similar as those of our states and those of our cities 
or counties should be treated under a single head. 
Yet it will be perfectly apparent before we finish 
the study of Part II that the local governments and 
the central governments of our states are but parts 
of a single system of government. For instance, 
there is but one constitution for our state and that 
constitution regulates local as well as the " state " 
government. The laws of our state are practically 
the same in one county as in another. Why ? 
Because all these laws are made by our state govern- 
ment and our local governments cannot change them, 
neither can they pass any additional ones except on 
matters of purely local interest. Why then do we 

have local governments at all.? For two reasons: 

6i 



62 GOVERNMENT AND THE CITIZEN 

Reasons why (i) the State laws Can be carried into effect better 
^^arate ^Y ^ocal officials than by state officials, because the 
local former have only a small territory to look after; 

governments. i i i • 

(2) because purely local busmess of no mterest to 
those outside of a particular district, such as locating 
and paving roads, providing protection from fires and 
constructing bridges, makes it necessary to have 
local governments. 
Comparison 65. Importance of the Protection afforded by Local 
government! Government, — There can be no doubt that the most 
essential duty of government is to protect its citizens. 
If foreign powers injure our commerce abroad or in- 
terfere with our business at home, our national gov- 
ernment is not giving us proper protection. And 
yet, the greatest dangers that threaten us and our 
neighbors are not those foreign foes with whom our 
national government will wage war when necessary for 
our defense. They are the perils that arise from the 
presence of deadly diseases, losses by fire, and worse 
than all else the destruction of life and property by 
those willing to break the law. Protection from alien 
enemies is a thing of rare occasions, protection from 
these nearer dangers is an everyday necessity. 
In the 66. The Preservation of Order is left with the local 

governments, which must support officials whose 
chief duty is to keep the peace. Since no state 
police is maintained by the state governments, it is 
a matter of pride to each locality that the law shall 
be enforced and order maintained within its limits. 
This is a comparatively easy task in rural communi- 
ties under ordinary circumstances, unless public senti- 



country. 



THE PROTECTION OF THE PUBLIC 63 

ment is on the side of the lawbreakers. In the in cities, 
cities a somewhat different state of affairs exists. 
Not only is a larger percentage of the population 
careless about obeying the laws, but large numbers 
of criminals prefer to live in the most crowded parts 
of the cities, because it is easy to escape detection in 
a multitude. 

67. Peace Officers and their Duties. — The organiza- chiefs of 
tion of the city police force is necessarily much more and^dt ^°^"' 
complete than that of a town or county. Each police. 
county has a sheriff, who is chosen by popular vote. 
He may have several deputies to aid him and can, 
in times of great disturbance, call on citizens to help 
in suppressing disorder. The town officers of the 
peace are usually called constables, and have no assis- 
tants, except men who are engaged regularly in some 
other occupation. In the cities, on the contrary, the 
chief of police has under his supervision numerous 
day and night policemen who patrol regular routes or 
"beats." New York alone in 1900 employed nearly 
eight thousand policemen, organized in a well disci- 
plined force on a semi-military basis. 

The chief duty of a police officer is to arrest offend- Numerous 
ers. Legally, this may be done only when the poij^e 
officer sees the offense or has a warrant authorizing officers, 
the arrest of the person seized. Actually, a great 
many arrests of " suspicious characters " are made 
without authority, the suspect being dismissed, if 
after questioning he can satisfy the authorities that 
he should not be detained. Many minor duties also 
fall to the lot of the city policeman, especially those 



64 



GOVERNMENT AND THE CITIZEN 



Where crimi- 
nals are 
punished. 



Purpose of 
imprison- 
ment. 



Character of 
employment 
given to 
criminals. 



relating to nuisances, street obstructions, and excise 
laws. 

68. The Punishment of Offenders. — Persons ac- 
cused of crime are imprisoned in town or city jails, 
unless they give bail that they will appear for trial. 
If convicted of the crime for which they were held 
(§§ 59-60), they are placed in prison, or, if the 
offense is not a serious one, are allowed their free- 
dom on payment of a fine. Those who are sentenced 
for short terms may be kept in city jails or county 
penitentiaries, but persons guilty of felony, as a 
serious crime is called, are sent to state prisons, hence 
the saying " a state's prison offense." The object of 
imprisonment is not to avenge ourselves on the guilty 
man, but to deter others from committing similar 
offenses. There is no doubt that the swift and 
severe punishment of train robbers, for example, will 
do very much to prevent the holding up of trains. 
It is the aim of our governments, therefore, to use 
those methods which will reform the offender at the 
same time that the amount of crime in the community 
is diminished. 

69. Prison Methods vary greatly from state to state 
and vary almost as much in the institutions of any 
one state which are intended for different classes of 
offenders. Employment is given to prisoners except 
in rare cases. Ordinarily this is inside the institution, 
but frequently chain gangs from the local jails are 
sent out every morning with armed officers, and 
kept at work on highways, or employed cutting wood 
or breaking stone. In some states all criminals are 



THE PROTECTION OF THE PUBLIC 65 

" leased " to contractors, who pay a certain sum per 
head for their services and have absolute control over 
them.^ 

In a large number of the states special prisons are Prisons for 
set aside for young men who have not previously offenders. 
been imprisoned. To these prisons the offenders are 
committed for an indefinite period, for example, not 
less than one year nor more than three, the prison 
authorities deciding at the end of the first year 
whether it would be wisest to release the prisoner 
without further punishment. 

The discipline in all of these institutions is of ne- Reduction oi 

., r • 1 • •! -I , • • 1 1 1 sentences. 

cessity fairly rigid, but a premium is placed on good 
behavior, as sentences may be reduced from ten to 
thirty per cent for satisfactory conduct. 

70. Reform Schools for juvenile offenders are found Purpose and 
in almost every part of the country. As the name these schools. 
implies they are really schools which seek to teach 
those under their supervision a better way of living. 
Many of the inmates of these institutions are youth- 
ful criminals, others are homeless lads that have 
annoyed citizens by continued and malicious mischief, 
while still others are unruly children over whom 
their parents have lost all control. In the schools, by 
means of strict discipline, by training the boys and 
girls to use their minds and their hands to advan- 
tage, and by teaching them self-control and the rights 
of others, an earnest and fairly successful attempt is 

^ The " lease system " has given risen to great abuses in the treat- 
ment of the prisoners, and is therefore less used than was formerly the 
case. 



66 GOVERNMENT AND THE CITIZEN 

made to change them into useful citizens. When 
they leave, the school authorities often secure for 
them good positions and watch their progress with 
great interest. 
Suppression 71. The Supprcsslon of Riots. — In most commu- 
riots^. ^"^^^ nities there are some persons who are glad of an excuse 
to be lawless. At times, especially during strikes, a 
number of these will get together and destroy the 
property of the employers and commit other acts of 
violence. This rioting may be suppressed by the 
local police force or by the sheriff and his regular 
assistants. In at least one instance the attempt to 
prevent a threatened outbreak resulted in very great 
loss of life among the guardians of the peace. In 
1886 the police of Chicago attempted to disperse a 
The Chicago large number of men who had gathered in Haymarket 
riot^(i886). ^-ud were being incited to acts of disorder. While 
doing this, a bomb was thrown in their midst by 
some anarchists in the crowd, over fifty poHcemen 
being killed or wounded. The mob was finally dis- 
persed, and several of those engaged in the plot to 
'kill the police were afterwards tried in the courts and 
condemned to death. 
How serious Although the police officers use every means to 

riots are 

checked. prevent an outbreak in times of excitement, they 
frequently find that the ordinary force is unable to 
quell the disturbance. Then the sheriff summons a 
posse comitahis — a body of armed men made up of 
law-abiding citizens — or the governor of the state is 
requested to call out the militia — a military organiza- 
tion under the supervision of both the state and the 



THE PROTECTION OF THE PUBLIC 67 

national governments. Even these military com- 
panies cannot always hold the rioters in check and 
the President of the United States may be obliged to 
send the regular troops to the scene of conflict. The 
worst cases of rioting have yielded promptly on the 
arrival of the regulars. 

The most dangerous mobs are those composed of Lynching 
ordinary citizens who insist on lynching criminals. ""°^^' 
Carried away by their feehngs, they ignore the fact 
that "lynch law" is unjust to the accused — denying 
him a fair trial — and forget that crime cannot be 
prevented by lawlessness. In the case of lynching, 
the remedy is certainly worse than the disease. 

72. Protection against Fire. — Far more property Precautions 
is destroyed by lire than by all other agencies, the prevenTfires. 
annual loss from that source being ;^ 150,000,000. 
With houses close together, as in cities, and great 
danger that a fire in one will be communicated to the 
next, building laws are necessary to prevent fires 
altogether, and fire departments equipped with modern 
apparatus must be maintained. If most of our build- 
ings were constructed of brick or stone, as in Europe, 
nine tenths of the risk would be removed. As it is, 
there is usually a " fire limit " within which wood may 
not be used for construction. Permits are required 
before any building is erected or an addition made, 
but our laws are lenient and laxly administered, and 
in many cities our fire departments are totally inade- 
quate to the needs. In 1871 the business sections of Great 
Chicago and Boston were practically destroyed by 



68 



GOVERNMENT AND THE CITIZEN 



fire, and in 1904 a large part of that in Baltimore 
suffered similar loss. In 1904, also, nearly six hun- 
dred people lost their lives in the Iroquois Theater at 
Chicago because the fire rules of the city had not 
been properly enforced. Although we have nowadays 
well-trained and adequately paid fire companies, 
instead of the volunteer organizations which did 
service a half century ago, they are in many cases 
unable to cope with this destroying element, and the 
losses from fire have been and continue to be unneces- 
sarily large. 



Dangers to 
health. 



Health 
officers. 



73. The Need of Health Officers. — For their own 
comfort and welfare, most persons desire to be in as 
good health as possible and are likely to take every 
reasonable precaution against disease. They will 
probably see that the plumbing of their homes is good, 
and that filth does not accumulate on the premises. 
But their neighbors are often careless, and, especially 
in large tenements, their landlords may refuse or 
neglect to keep their buildings in good condition. 
For the purpose of protecting the health of the 
community, health officers and boards of health are 
maintained by all cities and by many other local 
governments. The board of health has the power to 
adopt rules which shall prevent contagious diseases 
from spreading and shall as far as possible keep 
their locality free from disease. These rules are 
enforced by the health officers, who are ordinarily 
physicians of extended experience. 

74. The Work of Boards of Health. — One of the 



THE PROTECTION OF THE PUBLIC 69 

most necessary precautions taken by boards of health Methods 
is that of quarantining or isolating persons with con- "J^t the^'^^ 
tagious diseases. At all seaports incoming vessels spread of 

disease. 

are examined, all of the passengers being detained if 
any of their number have been attacked on the voyage 
by a dangerous contagious disease. When similar 
cases occur in cities, the sufferers are taken to iso- 
lated hospitals or are quarantined in their homes. 
These wise precautions have prevented in recent 
years the epidemics that were common a generation 
or two ago. Protection against smallpox has been 
afforded by compulsory vaccination, while yellow 
fever has been kept from spreading by the whole- 
sale destruction of mosquitoes in neighboring low- 
lands, it having been proved that those insects were 
chiefly responsible for the spread of the latter 
disease. 

75. The Public Health is protected, in addition, sanitary 
especially in cities, by the making and enforcement ^^s^ a ions. 
of rules which guarantee good sanitation and pure 
food and water. Immense sewer systems are con- 
structed at great expense, the sewer refuse being 
used occasionally, as in Pasadena, California, on a 
farm owned and managed by the city. But because 
of deadly sewer gas the existence of sewers is a 
menace rather than a benefit if the plumbing of the 
buildings is defective. Every city, therefore, has 
certain plumbing laws which inspectors are required 
to enforce. In crowded tenements not only plumb- 
ing laws are necessary, but other building rules, 
such as those requiring large light and air shafts. 



70 



GOVERNMENT AND THE CITIZEN 



Care of water 
supply. 



Inspection of 
food. 



How public 
sentiment 
helps to 
make and 
enforce laws. 



In the older tenements the lack of these necessa- 
ries was often responsible for the large number of 
deaths among children. 

Whether a city furnishes water to the residents 
from pubHc reservoirs or allows private parties to pro- 
vide the water supply, it is careful to prevent the 
taking of water from all but the purest sources. 
Large sums are spent annually for this purpose, but 
much yet remains to be done, especially where cities 
are close together and the supply of one is contami- 
nated by the refuse of another. 

Food inspection is becoming quite common nowa- 
days. The milk which we use must not only be free 
from impurities, but must be of a certain quality. 
Meats, fish, and fruit are likewise examined and con- 
demned if unfit for use, so that we can easily perceive 
that our governments are very active in their efforts 
to preserve the public health. 

76. Protection through Public Opinion. — The best 
safeguard of any community is a widespread and 
earnest desire for the preservation of order and the 
enforcement of just laws. We should remember to 
obey the laws, not only when a law is wise and just, 
but when it is unreasonable or foolish, for a bad law 
will soon be repealed if strictly enforced. In a 
repubhc like the United States, it is safe to say that in 
general those laws will be made and executed which 
the people demand. If in any section there is per- 
sistent lawlessness, the true cause of the continued 
disorder is likely to be popular indifference or opposi- 
tion to the laws. When the majority of the best 



THE PROTECTION OF THE PUBLIC 71 

citizens insist that order be maintained, lawbreakers 
will be dealt with in such a way as to discourage 
further rioting. To feel that something must be 
done is not enough; we must act if we would be free 
from lawlessness. Organization may be necessary. 
Pronounced and continuous expression of public senti- 
ment will do a great deal, and, if the disturbers of 
the peace realize that the people are in earnest, the 
disorder will cease. 

In the formation and expression of public opinion what public 

. sentiment is. 

each one of us may have a part, for public sentiment 
is after all that of ourselves and our neighbors. We 
cannot shift the responsibility which rests on us as 
members of the community to place ourselves 
squarely in favor of law and order and to exercise the 
influence we may have in favor of the right. 

TEXT QUESTIONS 

1 . Why do we need local governments ? 

2. Why is protection by our local governments more necessary 
than that afforded by the national government? 

3. Name the different local peace officers. Give the duties 
of any policeman. 

4. What is the object of punishing criminals? 

5. What work is done by reform schools? 

6. Give some of the different causes of rioting. 

7. What is meant by the militia? (Consult also § 195.) 

8. Are the dangers from fire due principally to the lack of 
proper laws or the failure to enforce existing laws ? 

9. Summarize the work done for the protection of the public 
health by city officials unconnected with the health department. 

10. Explain the following words or expressions : " beats " 
(§67), "suspicious characters" (§ 67), "excise laws" (§ 67), 
"a state's prison offense " (§ 68), " chain gang" (§ 69), "school 



72 GOVERNMENT AND THE CITIZEN 

authorities" (§ 70), "militia" (§ 71), "the regulars" (§ 71), 
"lynch law" (§ 71), "fire limit" (§ 72), "contagious diseases" 
(§ 73)j "quarantine" (§ 74), "food inspection" (§ 75)^ "light 
and air shafts " (§ 75). 

SUPPLEMENTARY QUESTIONS 

1. How many policemen are employed by this city? 

2. What are the duties of the police force? 

3. The police of New York. {Outlook, LX (1898), pp. 
581-589.) 

4. How many prisons are there in this state ? Where is each 
located ? 

5. Farming out convicts. {Frank Leslie's, LIII (1902), 
pp. 595-606.) 

6. Have we any state reform schools, or reform prisons for 
young men? 

7. On the success of reform schools, see Forum, XXXII 
(1902), pp. 730-736. 

8. What methods are ordinarily used in suppressing disorder? 
(Hart, " Actual Government," § 252.) 

9. What fire apparatus and devices are used for checking fires 
in this city? (Notice what is done from the time the alarm is 
sent in until the fire is out.) 

10. Methods of fighting fires. {Scribner''s Magazine, XXXII 
(1902), pp. 449-466.) 

11. Have we a city board of health? A city health officer? 
Milk and meat inspectors ? 

12. A city's campaign for pure milk. {Century Magazitie, 
LXVI (1903), pp. 555-565.) 

(In this chapter and in subsequent chapters, some questions 
will be asked which will interest city pupils only.) 



CHAPTER VI 

OUR PUBLIC SCHOOLS 

77. School <* Districts. >> — No part of the work of Local 
government is better understood than that of educa- ^^^°°J.^ ^\ 

p3.rt OI 3. St3,tG 

tion at pubHc expense, and yet many people imagine school 

systcrn. 

that the regulation of schools is solely a matter of 
local government. This is not the case, for although 
the fnanagement of the schools is left with local school 
officials, and the character of the schools depends to 
a large extent on local pride and interest, neverthe- 
less, our local schools are simply parts of a ^/^/^ school 
system. 

For convenience the counties are subdivided into Large and 

srn3,ll 

school "districts," which may be very small or may districts. 
be as large as townships. If there are few people 
living in this district, there is likely to be but one 
school, in which instruction is given by one teacher in 
all branches from elementary spelHng to higher arith- 
metic. Where there are a larger number of pupils 
in a district, there are more schools, some of which 
will be divided into grades, each with a teacher of its 
own. It can easily be seen that it is possible to do 
better work in graded schools, because more time can 
be spent on each recitation. If there are enough 
schools in the district, moreover, the people can 
afford to employ a superintendent who will devote 

73 



74 



GOVERNMENT AND THE CITIZEN 



Selection of 

school 

trustees. 



Duties of 
the trustees. 



his time to improving the schools in his charge. For 
these reasons, intelUgent people favor fairly large 
school districts with many schools under one manage- 
ment. 

78. Local School Boards. — As with any other 
business, there must be some person or persons who 
will manage school affairs. Because the cost of 
maintaining the schools is met by the public, the 
members of the school board are chosen at pubHc 
elections, at which all men and often all women may 
vote. The members are usually called school trus- 
tees or committeemen, and are often three in number, 
one retiring each year in order that two members of 
the board may be fully acquainted with the needs 
of the schools. 

These trustees select the teachers for the schools, 
employing them for terms of one year. As the 
character of the teachers has a greater influence on 
the school system than all other forces combined, the 
selection of strong, well prepared, and skilled teachers 
is quite essential, if good work is to be done. The 
trustees also hire the janitors, and purchase school 
supplies such as crayons, paper, and fuel. In doing 
this they necessarily look after school expenditures. 
They may also construct additional rooms, when 
these are needed, and erect new buildings, but as 
this requires more money than they ordinarily have 
in any one year, they are obliged to ask for additional 
funds, which must be voted for them by the people. 
In addition, the school board makes rules for the 
management of the schools, purchases books for the 



OUR PUBLIC SCHOOLS 75 

school library, and may decide what text-books shall 
be studied. The excellence of the schools therefore 
depends to a large extent on the wisdom or broad- 
mindedness of the trustees, who receive no pay for 
their services. 

79. School Courses. — In the schools below the Regular 
grade of high schools, the subjects taught are much speSai^""^ 
alike in all parts of the country, but the methods subjects. 
used vary greatly from state to state, and may differ 
somewhat in adjacent districts or schools. As already 
stated, the methods are hkely to be superior in the 
more populous districts where superintendents devote 
special attention to examining the schools and abolish- 
ing defective methods. When there are special 
teachers in the different branches, as in many large 
cities, the work is better done in the subjects to 
which special attention is thus given. In the cities, 
also, it is possible to have, in some of the buildings, 
special rooms devoted to manual training, including 
cooking and sewing, so that the pupils get some in- 
struction in those subjects as well as in the more 
substantial ones of arithmetic, grammar, spelling, 
geography, and history. The advantages are, how- 
ever, not always with these schools, for, as in 
everything else, it is not the variety of the tasks 
accompHshed, but the quality of the work done, that 
is of value to the pupil. 

A minimum number of months is usually prescribed School year 
by state law, so that all schools are in session for a fnstrucSon.^ 
large part of each year. A minimum list of subjects 
is also likely to be given in the school law of the state. 



76 



GOVERNMENT AND THE CITIZEN 



County 
school 
boards and 
superinten- 
dents. 



State boards 
and superin- 
tendents. 



City and 
union high 
schools. 



80. State and County School Officials. — In each 
county there are usually a great many school districts, 
each of which has its own trustees and separate school 
management. But in order that the schools in the 
different districts may be as much aHke as possible 
there is ordinarily a county school superintendent and 
a county board of education. The county board may 
examine persons who desire to teach, issuing certifi- 
cates to those that pass the examinations ; it may 
provide a uniform course of study for all schools in 
the county, and it may even raise money which is 
distributed among the districts. The county super- 
intendent sees that the rules made by the county 
board are obeyed, visits schools, and looks after other 
school business. In a few of the states there are no 
districts smaller than the counties, the county being 
really the school " district." 

In most states there are state superintendents of 
public instruction who visit the different counties, 
examine schools, and attend to the state school busi- 
ness. There are often state boards of education 
which propose necessary changes in the state school 
law, and adopt other methods for improving the 
school system. In a few states provision is made for 
state text-books, published under the direction of the 
state board by the public printer, or selected by the 
board from the regular text-books. In nine states 
text-books are furnished at pubhc expense. 

81. High Schools. — Until recent years it was 
thought that if the pubHc gave a free common school 
education, parents desiring more extended training 



OUR PUBLIC SCHOOLS 77 

for their children could afford to pay for it. Con- 
sequently most of the high school pupils were taught 
in private academies. There is not now however a 
large city which fails to support at least one high 
school, and, not only do the villages have separate 
secondary schools, but there are numerous union high 
schools whose expenses are paid by the rural districts 
which have united for that purpose. In many cities, 
moreover, technical high schools have been erected in 
which instruction is given in many practical branches. 

82. Normal Schools. — In many states normal Their work 

and methods. 

schools, supported by state appropriations, prepare 
young men and women for the profession of teaching. 
Special training is given not alone in the subjects likely 
to be taught, but in the methods to be used in all 
teaching and in those theoretical subjects which will 
best prepare the future teachers for their work. 
Those schools are, as a rule, well equipped, and be- 
cause of the very high grade of their work, are doing 
much to raise the standard of efficiency among the 
teachers of the country. 

Diplomas issued by normal schools entitle the Teachers' 

- , , ^ 1 certificates, 

graduates to teach m any part of the state and are 
usually accepted in other states as evidence of fitness 
to teach. Persons who desire to be teachers and who 
have had no normal school instruction are usually re- 
quired to take examinations before they can obtain 
certificates. 

83. State Universities. — Many of the states provide Agricultural 

colleges. 

no public instruction above the grade of the normal or 
high schools except in agricultural schools which are 



7S 



GOVERNMENT AND THE CITIZEN 



State 
universities. 



really supported by the national government. By a 
law passed by Congress during the year 1862, thirty 
thousand acres of public land were given to each of 
the states for every congressman to which the state 
was entitled, the proceeds arising from the sale of 
these lands being devoted to agricultural education. 
In addition to these gifts, Congress now appropriates 
annually ^25,000 for each of the agricultural colleges 
and ^15,000 for each experiment station maintained in 
connection with the colleges for the scientific study of 
plants in special localities. 

The state universities to be found in many of the 
southern and western states are among the best in 
the land. The number of courses offered is exceed- 
ingly varied, and instruction is often free for those 
students who live within the state. Many of the 
universities have rendered especially valuable service 
to the cause of education by aiding the grammar and 
high schools, and by introducing better and more uni- 
form methods in local education. 
School taxes. 84. School Finances. — The great development of 
our public school system demands an immense sum 
every year. Most of this revenue comes from taxa- 
tion, the tax being usually levied in connection with 
the general property tax (§36). In most of the states 
these taxes are purely local, each community raising 
as much money as it feels that it can afford or as the 
schools need. In many states, however, part of this 
revenue is collected by the localities and part by the 
state. The state school funds are then distributed to 
the townships or counties in proportion to the num- 



OUR PUBLIC SCHOOLS 79 

ber of scholars in each who attend school regularly. 
In this way not only is help given to the poorer districts 
and to those which are most earnest in their school 
work, but a higher standard is maintained throughout 
the state, because occasionally school money can be 
withheld until that standard has been reached. 

Popular interest in education and desire to have income from 
the best schools obtainable has undoubtedly been 
quickened by the aid given by Congress to the newer 
states. Ever since 1802 Congress has given as the 
basis of an educational fund to each of these states 
on its admission to the Union one square mile of 
each congressional township, which is six miles 
square ( see § 228), and since 1848 two sections. 

85. Why Education is at Public Expense. — There Three 
must be very good reasons why all of this public [^r^ubik:^^^ 
expenditure is made for schools which might be supports 

. . schools. 

mamtamed by private parties. In the first place, it is 
thought that this subject is too important to be left in 
the hands of those whose interest in the matter would 
depend on the profit they would derive from it. We 
believe that there must be a fairly uniform system of 
schools. In the second place, we believe that no one 
can fully enjoy the right to " life, liberty, and the pur- 
suit of happiness " who has not received a fairly good 
common school education. Since we became citizens 
of this country simply by being born here, the State 
— that is, the whole body of citizens — owes us as 
individuals an education which will fit us for the 
duties of citizenship. Thirdly, and much the most 
important of all, the government must provide educa- 



8o GOVERNMENT AND THE CITIZEN 

tion at public expense and see that all shall procure 
it, even when it is distasteful, because in a country- 
such as ours, governed by the people, ignorance is a 
menace not only to our prosperity but to our preser- 
vation. In other words, public education is a means 
of public protection — it is the ounce of prevention. 

TEXT QUESTIONS 

1. What are the advantages of large school districts over 
small ones ? 

2. Why do the local trustees exert very great influence on the 
school system ? 

3. Name all of the grades of schools maintained at public 
expense. 

4. What has been done by the national government for edu- 
cation ? (Consult also § 230.) 

5. Why is education at public expense ? 

6. Explain the following expressions : "manual training" 
(§79), "technical high schools" (§ 81), " experiment station" 
(§ 83)? " agricultural education " (§ 83), " congressional township " 
(§ 84), "state school funds" (84). 

SUPPLEMENTARY QUESTIONS 

1 . What are the boundaries of this school district ? How 
many schools are located in it ? 

2. On the prevalence of the small district system, consult 
Butler's "Education in the United States," pp. 7-1 1. 

3. How many members are there on our school board ? Do 
all go out of office at the same time ? Is it the custom to reelect 
these officials ? 

4. Who issues teachers' certificates ? 

5. How have rural schools been consolidated ? (^Review of 
Reviews^ XXVI (1902), 702-710.) 

6. What do the public schools do for the country boy? 
{Review of Reviews, XXVIII (1903), 449-455.) 

7. Industrial education in the South. {Harper's Magazine, 
CVII (1903), pp. 659-667.) 



OUR PUBLIC SCHOOLS 8l 

8. Have we a county school board and a county superinten- 
dent ? 

9. Have we free text-books in this state ? 

10. What are the duties of our state superintendent of public 
instruction ? 

11. If there is a state board of education, learn how it is com- 
posed and what work it does. 

1 2. The work of a modern public library. (^Review of Reviews ^ 
XXIX (1904), 702-708.) 

13. Have we one or more high schools in this district? 

14. How many normal schools are there in this state ? 

15. Does this state support a state university? If so, learn 
where it is located, and to how many pupils instruction is given. 

16. Our state universities. {Outlook, LXVIII (1901), pp. 
768-774, Scrihier's Magazine, XXXIV (1903), pp. 481-490.) 

17. State the principal problems of education. (Hart, " Actual 
Government," § 238.) 



CHAPTER VII 

PUBLIC CHARITIES 

Features of. 86. The Problem. — There are in every community 
the problem. (.qj.^^[^ persons who are unable or unwiUing to pro- 
vide for themselves. Most of these have relatives 
who see that they are provided with a home and the 
necessaries of life. The rest are a burden on society 
in general, and must be supported by private charity 
or at public expense. The first duties of the public 
are to separate them into classes according to their 
disability, to distinguish between the deserving and 
the unworthy, and to provide suitable help for those 
Working out who may be entitled to receive it. These tasks con- 
e pro em. g^j^-^^g ^ problem of no mean proportions ; for although 
we may easily determine what classes deserve aid and 
which ones punishment, the separation of those who 
are worthy from those who are not is sometimes 
impossible. An impostor may remain long unde- 
tected and have become a social parasite, whereas 
funds may be withheld from needy families. There 
may also be very great difference of opinion about 
the best way of aiding any particular class of depend- 
ents. Especially is this the case with the most 
general problem of all — the question of public or 
private charity. 

87. Public or Private Charity. — We do not ques- 
tion the justice of the doctrine that these unfortunates 

82 



PUBLIC CHARITIES 83 

should be a public charge. Society is a unit, and we Why the 
believe that society is under obligation to care for its care fof^°^^^ 
poor and for those to whom nature has denied some dependents, 
faculty, just as a family is expected to provide for 
those of its members who are unable to care for them- 
selves. This does not mean that most of the expendi- 
tures for charitable purposes should be made through 
government officials, for every one admits that private 
organizations can often much more easily learn whether 
those applying for help are deserving. In fact, so 
often have overseers of the poor been imposed on by 
applicants for help, that government now does little what 

, r 1 T 1 IT- charities are 

more than care for those dependents who live m left to private 
institutions. Most forms of *' outdoor relief," that is. Parties, 
assistance to those living in their homes, are given 
through charitable organizations unconnected with 
government. With these private agencies which 
have such an important work to perform, we have in 
this chapter nothing to do. 

88. Care of the Insane. — One class of dependents why insane 

. , . persons are 

whose care is left to the government exclusively is ^ public 
that of the insane. Our government performs this ^^^^^e. 
task, not only because it is a necessary charity, but, 
as many insane people are dangerous, for the sake 
of protecting the pubHc. No person is, however, 
placed under the control of government officials until 
he has been examined and declared to be of unsound 
mind. Otherwise it would be possible for people 
that wished to be relieved of some eccentric relative 
who was perfectly sane, to have the latter placed 
under restraint. 



84 



GOVERNMENT AND THE CITIZEN 



Treatment of 
the insane. 



Schools for 
weak- 
minded 
children. 



Special insti- 
tutions for 
the blind, 
deaf and 
dumb. 



Poorhouses 

and 

poor farms. 



Public care of the insane varies greatly from state 
to state. Many of the states compel each locality 
to look after its own, insane persons being left in 
poorhouses where they are systematically neglected 
or even maltreated. In other states, the most violent 
patients are sent to state institutions, the others being 
placed in local asylums. A few states care for all 
persons of unsound mind in state hospitals, which 
are worthy of the name, for insanity is regarded as a 
disease, and the patients are treated not as criminals 
to be punished, but as mental invalids to be cured. 

Many states now have state institutions for weak- 
minded children, schools being maintained with an idea 
of training them to do well a few mechanical duties 
and of developing in them a stronger mentality. 

89. Schools for ** Defectives.** — Special provision 
is made in most of the states for the education of 
those deprived of some sense, as that of sight or 
hearing. Although these " defectives " may not be 
prepared for a full measure of the activities of 
citizenship, this education certainly opens to them 
many of the enjoyments of life of which they would 
otherwise be deprived by their infirmity. The equip- 
ment furnished, the methods used, and the instruction 
given, in these schools usually are of a high character, 
and the work done is as noble as any undertaken 
by our governments. 

90. Institutions for the Poor. — Very much the 
largest number of those dependent on the public 
for charity become public charges because of their 
poverty. The character of the help given to the poor 



PUBLIC CHARITIES 85 

depends on the degree of their need. If they are 
not only destitute but also aged or infirm and without 
relatives to whom they may look for support, they 
must be placed in public institutions. Few indeed 
are the localities that have no poorhouse, the care 
of these classes being left entirely with the local 
governments. In the northeastern part of the 
United States it is usually the towns which care for 
the poor, but in other parts of the country the 
counties must assume this duty. In a few poor- 
houses, those capable of working are compelled to 
contribute something toward their own support. 
Often poor farms are maintained, which are run 
without help from outside, so that the institution 
is largely self-supporting. 

Many of our cities have public institutions for Children's 
homeless children. These homes give instruction in °"^^^' 
elementary branches and perform a valuable service 
to society in keeping the little ones away from 
influences under which they would soon develop 
into criminals. 

91. Outdoor Relief is often granted by the over- ordinary 
seers of the poor to those not destitute but needy. o^Jtdoor 
The chief danger of this entire system of relief is relief. 
that it is likely to increase the poverty it is supposed 
to alleviate, because shiftless individuals will look to 
the government for help, when they should support 
themselves. For a few people most of the time, 
and for many people part of the time, some 
assistance of this kind is necessary. Provisions, 
clothing, and fuel are the articles most commonly 



86 



GOVERNMENT AND THE CITIZEN 



Relief of 

special 

classes. 



Difficulties 
encountered. 



Care of the 
sick poor. 



furnished, much more being done in winter or when 
work is scarce than at other times. A few cities 
have estabHshed pubhc lodging houses, wayfarers 
being furnished with beds for the night in return for 
a reasonable amount of work. Sometimes temporary 
employment is furnished through the government to 
those in great need, or in order to rid the community 
of those tramps who will leave if forced to find 
employment. It can be seen readily from this 
account of outdoor relief that very great wisdom is 
necessary to prevent the squandering of public 
money, and to help the proper persons in the right 
way. For these reasons most of the outdoor relief 
is left to private organizations, whose officers have 
more leisure than the public officials, and to which 
grants of money are often made from the public 
treasury. 

92. Hospitals and Dispensaries. — There is perhaps 
no set of persons so deserving of sympathy and help 
as the sick poor. Needing skilled care, delicate food, 
and expensive medicines or still more costly surgical 
attention, they are unable to protect themselves 
against the ills which if unchecked will cause death 
or a life of unending pain. For the care of such 
unfortunates, public hospitals are maintained in most 
cities and by many counties and towns. Physicians 
and nurses are paid by the public to look after the 
inmates of the hospitals. The physicians in addition 
may spend a large part of their time visiting without 
pay the needy sick who are at their own homes. 
Those whose ailment is less serious can often obtain 



PUBLIC CHARITIES ^7 

treatment gratis at the dispensaries which are to be 
found in most of our larger cities. 

TEXT QUESTIONS 

1. What are the chief features of the charity problem ? 

2. When is private charity to be preferred to pubHc charity? 

3. To what different classes of dependents is help now given? 

4. What is done for dependents in public institutions ? 

5. What is done for them at their homes or at dispensaries? 

6. Explain the following terms : "social parasite" (§ 86), 
"outdoor relief" (§ 91), "dispensaries" (§ 92). 

SUPPLEMENTARY QUESTIONS 

1. What is meant by the " defective " classes ? 

2. What institutions are maintained by this state for the care 
of dependents ? 

3. Do our city, town, or county governments support a hospital, 
a poorhouse, or a poor farm ? If there is a poor farm, is it self- 
supporting ? 

4. Cannot unscrupulous persons obtain help from several pri- 
vate charitable organizations at the same time ? How can this 
difficulty be most easily overcome ? 

5. The playgrounds established for the poor of New York are 
described in Riis's, " Battle with the Slum," pp. 279-309. 

6. On outdoor relief consult Warner's " American Charities," 
Chapter VII. 



CHAPTER VIII 



THE GOVERNMENT AND BUSINESS 



Business in- 
terests to be 
controlled. 



Means of 
communica- 
tion. 



Prohibition 
and local 
option. 



93. Business Interests controlled or managed by 
the Government. — Among the most important duties 
performed by our state and local governments are 
those of making public improvements and of manag- 
ing or controlling business in which the public has 
an interest. Certain industries are dangerous without 
being useful, or are very objectionable ; these may 
be prohibited by the government. Others, quite 
necessary, like gas works, are something of a nui- 
sance, and may be permitted only within a certain 
territory and under definite conditions. Still others, 
like waterworks, are so essential to the public good 
that they must be managed or carefully supervised 
by the public. Finally, there are the means of com- 
munication which are essential to the prosperity of 
any community and which must be constructed by 
the government or be subject at all times to govern- 
ment control. 

94. The Liquor Question. — One of the most con- 
spicuous of the occupations subject to special govern- 
ment control is that of the manufacture and sale of 
alcoholic liquors. Many people are opposed to the 
sale of liquor as a beverage, and wish to prohibit its 
manufacture and sale within the limits of an entire 



THE GOVERNMENT AND BUSINESS 89 

state. Three states have prohibition of the liquor 
traffic at present, and many others favor the prohibi- 
tion of the saloons in local districts. About one half 
of the states in the Union allow their cities, towns, 
and counties to prohibit the sale of liquor within 
their boundaries. This is called '''' local option.'' 

Where saloons are not prohibited, they are per- The license 
mitted to sell liquor upon obtaining from local ^y^*^"^- 
authorities a license or permit. For this they pay a 
fee of from fifty to twenty-five hundred dollars a year. 
If the fee is small, we have a ''low license" system; 
if large, one of " high license." These licenses may, 
moreover, be granted on certain conditions only. 
Saloons must not be located near churches or school- Conditions 
houses. Possibly also liquor may not be sold after ncenselare 
midnight or on Sunday, nor to minors at any time. A granted. 
saloon keeper who violates these rules may even 
lose his license, as that may be revoked by the board 
by which it was granted. In regard to this whole 
subject of liquor control, it may be said, experience 
proves that no law for the regulation of the liquor 
business is likely to be enforced which does not 
receive the hearty support of the people. 

95. The Control of Corporations. — Most of our corpora- 
business to-day is done not by separate business men, th''ey''"sh(^id'^ 
but by corporations. A corporation is formed by a be controlled 

■^ by govern- 

set of individuals who are organized under state laws, ment. 
for the purpose of conducting some business. Since 
corporations are created by state laws and receive 
privileges which will enable them to do this work 



90 GOVERNMENT AND THE CITIZEN 

more perfectly, it is just that they should be subject 
to government control. Otherwise a corporation 
which was intended to be a public benefit may 
become a public curse, unrestrained and unrestrain- 
able by the authorities which are responsible for its 
existence. Within recent years government super- 
vision of corporations has become more necessary 
because many of those engaged in the same industry 
have united in order to avoid the expenses of com- 
petition. These combinations, ordinarily called 
The control " trusts," havc somctimcs gained control of all the fac- 

Of" trusts." . - . -Trill 

tones manufacturing a certam line of goods, and by 

thus destroying competition have been able to raise 

prices to ruinous rates. Such a proceeding is, of 

course, very harmful to the public, and interferes 

with business, but the trust cannot easily be forced 

to lower its rates. This "trust problem " is one of 

the most difficult with which our governments have 

to deal. 

Protection of 96. The Protection of Employees. — Nearly one 

eSTg^gldTn fourth of the people living in the United States are 

dangerous employed by others. Many of these are en2:a2:ed in 

occupations. ^ j j j o o 

occupations exposing them to great dangers, as is 
the case with engineers or quarrymen. To protect 
the lives and insure the safety of these workers, the 
government requires the employers to take all pos- 
sible precautions. For example, the use of automatic 
coupling pins in place of the old hand link pin, has 
been made compulsory on all interstate railways and 
in many of the states, with the result that many thou- 
sands of accidents have been prevented each year. 



THE GOVERNMENT AND BUSINESS 91 

Several million persons are employed in large fac- Protection of 
tories, where there may be insufficient fresh air and f^^ries!^ ^^ 
light, unless the government inspects the factories 
and protects the employees from the greed of the 
employers. Fire escapes must be provided for these 
factories and for other large buildings where many 
persons are at work. All boilers and elevators must 
be inspected and managed by competent individuals. 
Women and children must not be employed more 
than a certain number of hours per week, and the 
employment in factories of children under the age of 
twelve or fourteen is usually forbidden by the laws of 
the states. Although some of the men engaged in 
these occupations form unions which endeavor to 
raise wages and gain other advantages, the real pro- 
tector of most of the wage-earners is the govern- 
ment. This protection is nevertheless much less 
perfect than is often desirable. 

97. Waterworks. — People who live in the coun- what must 

n Ml ^ ' r 1 • be done to 

try or m small villages can obtam water for their provide a 
own use from separate wells or springs, but this is water supply, 
clearly impossible in cities. As the supply must be 
adequate, and pure as well if it is to be used for 
drinking, it is necessary for the city government to 
see that the water comes from good sources, and that 
there shall be a sufficient number of storage reser- 
voirs where a supply may be kept in case of accident. 
It may be necessary in addition to filter the water in 
large quantities in order to remove impurities. The 
streets must be piped and each house properly sup- 



92 



GOVERNMENT AND THE CITIZEN 



The question 
of private or 
municipal 
ownership. 



Why some 
cities own 
their lighting 
plants. 



Under what 
conditions 
private com- 
panies 
furnish 
lights. 



plied, hydrants being placed at convenient points for 
filling the carts that sprinkle the streets and for use 
by the fire department. 

In some cities these things are done by private 
companies which receive franchises or permits from 
the city governments, but more frequently the cities 
favor the municipal ownership and management of 
their waterworks. So vital to the health and comfort 
of the people is the water supply that the furnishing 
of water should be left as little as possible to pri- 
vate corporations, especially as public ownership, 
where it has been tried, has proved to be remarkably 
successful. 

98. Gas and Electric Lighting. — Another com- 
modity which in many of our cities is furnished by 
the government is the gas or electricity used for 
lighting. As lights are necessary not only for the 
individual householder, but for the city itself in light- 
ing its public buildings, parks, and streets, and as the 
streets, which are public property, must be used for 
laying gas pipes and electric conduits or for elec- 
tric poles, many people beheve that the lighting 
plants as well as the water plants should be owned 
by the city governments. Public ownership of these 
utilities is not, however, very common at present. 
Although pubhc electric works have given general 
satisfaction in most of the small cities where they 
have been tried, the Hghts in most of the cities in 
America will probably be furnished by private parties 
for some time to come. These private organizations 
are, however, subject to government control and 



THE GOVERNMENT AND BUSINESS 93 

supervision. They must first obtain from the city a 
franchise giving them specific privileges for a num- 
ber of years. The city councils can usually decide 
what is the highest price that they may charge for 
gas and electricity, and may often compel them to 
give service which shall not be below a certain grade. 

99. Streets and Roads. — One of the most impor- The location 
tant duties which our local governments must perform ° ^^ ^^^^" 
is that of establishing means of communication, ordi- 
narily in the form of city streets, country roads, or con- 
necting bridges. The first thing, of course, is the 
location of the highway. In the cities the streets are 

laid out regularly, and the task is one requiring great 
accuracy but less real skill than in the country. In 
the rural districts, it makes a great difference whether 
the road connecting two towns is direct or roundabout, 
whether it is level or has many steep grades, and 
whether it is conveniently located for most of the inhab- 
itants between the towns. In laying out a new street 
or road, it is necessary of course to obtain a continu- 
ous " right of way" from the owners of the property How a right 

. .- of way is 

needed. For this right of way, payment is generally secured. 
made, the price satisfactory to both the owner and the 
government ofificials being paid. If, however, the 
owner demands more than seems just, the government 
exercises what is known as its right of eminent domain, 
condemns the property, and has referees appointed 
by the courts, who fix a reasonable price to be paid by 
the government. 

100. Improvements of Highways. — Although the 



94 



GOVERNMENT AND THE CITIZEN 



How streets 
and roads 
are 
improved. 



Why the im- 
provement of 
roads is very 
important. 



Government 

construction 
of canals. 



improvement of the highway is a matter of great im- 
portance to both city and country, it assumes greater 
importance and receives much more attention in urban 
than in rural districts. The principal streets of every 
city are curbed, and are paved with some durable 
material such as stone blocks or asphalt, many of the 
others often being macadamized, that is, surfaced with 
a mixture of gravel and broken rock, sometimes 
with cement, the whole well rolled by heavy iron 
rollers. In the country, the best roads are now 
macadamized, but the majority are still nothing but 
dirt roads raised a little in the center to carry off 
water, but often free in other respects from care of 
any kind. In many localities, of course, there are so 
few people that they cannot afford to improve the 
roads, but, until recent years, many of the highways 
in well-settled communities have been shamefully 
neglected. People are beginning to realize that a 
poor road, with its uneven surface and spring ruts, is 
very frequently much more costly in the end than one 
which is well graded and surfaced, and are therefore 
giving much greater attention to the subject. For- 
merly farmers who depended on a certain road were 
in the habit of giving several days' labor with their 
teams to grading the highways instead of paying a 
road tax in money, but the construction of suitable 
roads is now often left with skilled engineers who 
make use of modern methods and machines, with 
much more satisfactory results. 

101. Canals and Railways. — For communication 
over greater distances we naturally depend on water 




PREPARING THE MATERIAL. 




PREPARING THE ROADBED. 



Making a Macadam Road in the South. 
(From the Yearbook, U. S. Dept. of Agriculture, 1901.) 



THE GOVERNMENT AND BUSINESS 95 

ways, either natural or artificial, and on railways. 
Our governments have spent a great deal of money 
improving rivers so that they shall be suitable for 
navigation and for the construction of canals which 
connect navigable bodies of water, but they have paid 
less attention to railways. Nearly a century ago, 
before steam locomotives had been invented or rail- 
ways of any kind were used, the states became very 
much interested in building canals. The best known 
of these was the Erie Canal, connecting Lake Erie 
with the Hudson River, which was completed in 1825 
and had a very great influence in bringing together 
the East and the West. Many canals have been 
built since that time, usually by our governments, but 
they have been relatively much less important since 
railways began to be used about 1830. 

The construction of railways has usually been f av- Aid given to 
ored by the people, and a large amount of govern- 
ment aid, usually in the form of land grants, has been 
given to them by both the state and the national 
government,^ but our governments have invested little 
in railways and have made few attempts to control 
them. Within recent years, however, people have 
begun to realize that the railways, which are semi- 
pubHc organizations that have very many privileges 
conferred on them by our governments, can do great 
harm or good in the localities where they are situated, 
and should therefore be controlled by our govern- 
ments. 

1Q3. The Control of Railways. — We may separate 

1 See § 231. 



96 



GOVERNMENT AND THE CITIZEN 



Two classes 
of railways. 



What the 
states are 
doing to 
control 
railways. 



The problem 
of transpor- 
tation in 
cities. 



the railways of the country into two classes : ( i ) the 
interstate railways, whose tracks are in more than 
one state, and which are controlled by the national 
government ; and (2) the^ state railways, which are 
controlled by the state governments. The United 
States created in 1887 an Interstate Commerce Com- 
mission which sees that the interstate railways do 
not form illegal combinations and do not charge 
unreasonable rates. 

Most of the states also have commissions which 
look after the railways doing business exclusively 
within their territory. As the railways may condemn 
private property in order to secure a right of way, as 
they have received help from the government in the 
form of land grants and concessions, and as they 
enjoy other special privileges under the laws, it is but 
just that the government should demand in return 
that the railways charge reasonable rates for all dis- 
tances, and that they do not charge one shipper more 
than another for similar services ; in a word, that 
they do not sacrifice the public to their own ends. 

103. Street Railways. — The problem of providing 
adequate means of transportation for the people of 
the cities, and at the same time properly controUing 
the street railway companies is one of considerable 
difficulty. So many of the people in a city now live 
in the suburbs that numerous lines are necessary in 
order that they may go to and from their places of 
business with comfort but without unnecessary cost 
or delay. 

Practically all of the street railways now in opera- 



THE GOVERNMENT AND BUSINESS 97 

tion have been built and are being managed under Provisions 
franchises granted by the city councils for periods of fran^chlses. 
from twenty to forty years. The privilege of laying 
one or two tracks upon specified streets is given for a 
certain number of years on condition that cars shall 
be run every ten, fifteen, or thirty minutes, as the city 
council considers necessary. At the time the privi- 
leges were granted, the companies might not have 
been able to carry out their part of the franchises and 
make a great profit, but often in a few years a fran- 
chise has become worth an immense sum, no part of 
which has found its way to the city treasury. 

Two ways have been suggested of avoiding this shaiithe 
evil. The first is to have the cities own and managfe ^?^^^^ ^"^"^ °^ 

o simply con- 

the street railways ; the second, to grant, for a short t^^i street 

1 • 1 • 1 . • railways? 

term of years, franchises which give the cities control 
over the private companies, and which arrange to have 
a percentage of the profits paid into the city treasuries. 
The second method seems to be the more popular 
and the one more likely to be universally adopted. 

Two of the cities in the United States, however, Boston and 
have constructed subways at public expense. Boston subways. 
has an underground railway almost a mile in length 
in the heart of the city, and New York has nearly 
completed at great cost a subway twenty miles long 
which will do much to solve the problem of rapid 
transportation in that metropolis. 

TEXT QUESTIONS 

1. Explain carefully the important duties mentioned in § 93. 

2. What are the three most common methods of dealing with 
the liquor question, and to what extent is each used ? 



98 GOVERNMENT AND THE CITIZEN 

3. When saloons are licensed, under what conditions are the 
licenses usually granted ? 

4. How may '' a corporation which was intended to be a pub- 
lic benefit, become a public curse"? 

5. Why should the government control the " trusts " ? 

6. What classes of employees are protected by our govern- 
ments, and in what way are they protected ? 

7. Why is municipal ownership of the waterworks in large 
cities desirable ? 

8. What is the difference between the tasks of city and county 
officials in locating roads or streets ? in improving the same ? 

9. What two classes of railways are there in this country ? 
10. Why is the granting of franchises to street railway com- 
panies a matter of great importance ? 

iio Explain the following words and expressions: "local 
option" (§ 94,) "high hcense" (§ 94), "trusts" (§ 95), "auto- 
matic coupling pins" (§ 96), "franchises" (§ 97), "lighting 
plants " (§ 98), " right of way " (§ 99) " right of eminent domain " 
(§ 99), a "macadamized road " (§ 100), "semi-public organiza- 
tions" (§ loi), "Interstate Commerce Commission" (§ 102). 

i2o Explain each part of the sentence, " Since corporations are 
created by state laws and receive privileges which will enable them 
to do this work more perfectly, it is just that they should be sub- 
ject to government control " (§ 95). 

SUPPLEMENTARY QUESTIONS 

1. Have we in this state the license system, prohibition, or 
local option ? If the license system, have we high license or 
low license ? If local option, is the sale of liquor permitted in 
this district ? 

2. Different methods of controlling the sale of liquor business 
are discussed in Atlantic Monthly, LXXIX (1897), pp. 177-187. 

3. If " Sunday closing " laws are not enforced, should they be 
repealed ? 

4. The control of trusts. {Scribner's Magazine^ XXVI 
(1899), pp. 604-610.) 

5. The regulation of " sweat shops." {Scribner'^s Magazine, 
XII (1894), pp. 22-24.) 

6. From what source does this city get its supply of water ? 
Does it own its waterworks plant ? 



THE GOVERNMENT AND BUSINESS 99 

7. If we do not have public ownership of the water system, is 
it better to have the water furnished by different companies for 
different parts of the city, by different companies for the same 
part of the city, or by one company for the entire city ? 

8. What percentage of the cost of improving a city street is 
paid by the property on either side ? 

9. Are the roads of this section well located ? How are they 
surfaced ? 

10. How are rural roads improved? {Review of Reviews, 
XXV (1902), pp. 66-74.) 

11. On the methods of paving city streets consult Popular 
Science Monthly, LVI (1900), pp. 524-539. 

12. Why has so much more been spent by our governments 
in improving water ways than in aiding railways ? (Consider how 
many persons can use a water way independently compared with 
those that can use a railway independent of the railway com- 
pany.) 

13. What are " reasonable rates"? Would reasonable rates 
be the same in a well-settled district as in a desert region ? 

14. The Erie Canal — past and future. {Review of Reviews, 
XXVIII (1903), pp. 59-67.) 

15. What has the Interstate Commerce Commission accom- 
plished ? {Atlantic Monthly, LXXXI (1898), pp. 433-443.) 

16. Are the street railways of this city under a single manage- 
ment, or are there competing lines ? Do the railways pay a 
percentage of their earnings to the city government ? 

17. The New York subway is described in the Century Maga- 
zine, LXIV (1902), pp. 894-911 » 



LofC. 



CHAPTER IX 



TOWN AND COUNTY GOVERNMENT 



Duties of 

local 

government. 



The county, 
town, and 
compromise 



104. The Three Types of Local Rural Government. — 

The duties that we have been considering in the last 
four chapters are performed by three different gov- 
ernments — the rural local governments, the city 
governments, and the state governments. Some of 
these questions, like those of preserving order or sup- 
porting public education, interest all three govern- 
ments, while others, Hke the waterworks problem, 
are of interest to only one — in this case, the city 
government. 

The rural local governments include the govern- 
ments of the county and the governments of the town. 
go^vernLlt^ We usually distinguish three types of local rural 
government in the United States, (i) When the 
counties of a state are very important, and there are 
no towns within the county, that is, the county is 
not subdivided into important rural districts, we say 
that the local government of that state is a county 
government. (2) If, on the other hand, as in New 
England, the towns are much more important than 
the counties, we call the local government a town 
government. (3) But if, as in the middle Atlantic 
states and in the central West, there are both counties 
and towns, each of which does a part of the work of 

100 



TOWN AND COUNTY GOVERNMENT lOI 

governing the community, it is customary to speak of 
the compromise type of local government. 

105. How Governments Grow. — In order to under- How 
stand why a particular government performs certain the nfe of^a 

duties rather than others, or why it is organized in a People pro- 
duce changes 

particular way, it is usually necessary to learn some- in the 
thing of its history. We shall find that at some time government, 
in the past, perhaps several centuries ago, some 
great change took place. This may have been the 
migration of an entire people from one land to an- 
other. In their new home it may not have been 
possible to establish governments like those that they 
had used before, and, in consequence, the character 
of the government was changed, although the new 
government was an adaptation of the old, since it is 
much easier to modify an existing institution than to 
invent a new one. From this starting point, a new 
kind of government was gradually developed, being 
altered as changes became necessary. In the history 
of the American people, such a change occurred when 
our forefathers came to this country in the seven- 
teenth century. .Because the climate was different 
on various parts of the Atlantic coast, their settle- 
ments were unlike, and, because their settlements 
were unlike and because they had different ideas 
about how they should be governed, local govern- 
ments of the three types mentioned in the preceding 
sections were estabUshed. Why this was done, we 
shall now notice briefly. 

106. Local Government in Colonial Virginia. — As 
we all know, the first permanent English settlement 



102 



GOVERNMENT AND THE CITIZEN 



How the 
English local 
government 
was changed 
when trans- 
planted to 
Virginia. 



Why the 
Puritan con- 
gregations 
established 
towns. 



in America was begun at Jamestown in Virginia in 
the year 1607. The settlers came to this hemisphere 
because they desired to make money, and they were 
much more interested in commerce than they were in 
political matters. It was perfectly natural therefore 
that they should be content to establish in Virginia 
the kind of a government that they had used in Eng- 
land. But in England the country was thickly 
populated, whereas in Virginia the plantations were 
large and the population was scattered. In England 
they had had county governments and parish govern- 
ments, the latter being very much like what we should 
call town government. But, because people lived far 
apart in Virginia, the coicnty government was the only 
one that they needed. All the work of local govern- 
ment was therefore performed by county officials. 
In the other Southern colonies as well, county gov- 
ernments only were established, town governments 
being unnecessary. 

107. Local Government in Colonial New England. — 
Massachusetts and the other New England colonies 
were settled by English Puritans, a religious sect. 
These men did not approve many of the forms and 
usages of the established Church of England which 
every Englishman of that day was obliged to support. 
In order that they might use the ceremonies which 
they preferred, they emigrated to the new world. 
They did not come as individuals, but as congre- 
gations. Instead of separating when they reached 
America, the members of each congregation made a 
settlement of their own, with their meetinghouse on 



TOWN AND COUNTY GOVERNMENT 103 

a convenient hill, and the homes of the members not 
far away. Meetings were held frequently at the 
church to look after religious affairs and to consider 
such matters as erecting defenses, constructing roads 
and building bridges. All church members were 
allowed to attend these meetings, which were exceed- 
ingly democratic, for every man present might speak 
and vote on any question. As each congregation 
looked after the government of its own district or 
town,^ no county government was necessary, and the 
local government of colonial New England was there- 
fore from the beginning a town government. 

108. Township-county Government. — More than How the 
a half -century after Jamestown was founded, the IJies bor^-° °' 
Ensclish conquered New Netherland, and twenty rowed from 

^ ^ 'J those to the 

years later the vacant land between New York and north and 
Maryland was occupied by the Quakers sent out by 
William Penn. None of the colonists in this middle 
district were especially interested in their local gov- 
ernments, and in consequence they borrowed from 
their neighbors on the south the county government 
which the latter had tried with success, and, from 
those on the north, they obtained many features of a 
town government. This gave them a township-coimty • 
government, a compromise type of local government^ 
well suited to their needs. 

Not only did the colonists of the middle Atlantic The compro- 

11 • 1 1 - . 1 n^ise type in 

section adopt the compromise type, but the settlers t^e West. 
in the Mississippi Basin a century or two later found 

1 The words " town " and " township " are used in the same sense, 
meaning not an aggregation of houses, but an area of land. 



104 GOVERNMENT AND THE CITIZEN 

this form of local government satisfactory. In 
almost every state, however, a county government 
was more essential than a town government, and in 
consequence outside of the original thirteen states, 
the counties are more important than the towns. 

The county 109. County Government at Present. — The offi- 
^^^^^' cials who look after our counties are elected by the 

voters or are appointed by those elected officials. 
Elections occur usually every two or four years. The 
most important set of officials is called the county 
board, the members of which are usually known as 
commissioners or supervisors. They make county 
ordinances, determine the amount of money to be 
raised each year by taxation in order that the county 
may do its work, divide the county into school and 
road districts, look after the poor, erect public build- 
ings, construct bridges and lay out public highways. 
Other county A coufity board of education and a superintendent of 
schools attend to almost all school duties not per- 
formed by the local trustees. The sheriff, who is 
the chief executive official of the county, preserves 
order and enforces the decrees of the county courts. 
The public records are kept by the coimty clei^k and 
copies of deeds and mortgages are left with the 
recorder. The tax collector, the treasurer, and the 
auditor take charge of the receipts and expenditures 
of money. When the county is a pa.rty to a suit in 
the courts, the interests of the people are represented 
by the district attorney. All cases of violent or mys- 
terious death are investigated by the coroner, who 



TOWN AND COUNTY GOVERNMENT 105 

has the aid of a jury when necessary. Many other 
officials have the supervision of various departments 
of the county government and assist in managing 
pubHc affairs. 

110. Town Government at Present. — In New Eng- Town 
land, where the town officials are responsible for fn New""^"* 
work elsewhere done through county officers, the England and 
officials are numerous and their duties are important. 

In other parts of the United States, the township 
officials are few in number. 

The essential feature of New England town gov- Town 
ernment is the town meethio;^ held at least once a ""^etingand 

'^ town officers. 

year in the town hall. Every voter in the town may 
attend these meetings, at which the pubHc officers 
are elected, taxes are voted, and other important 
business transacted. The chief officials are the 
selectmen, whose position is similar to that of the 
members of the county board, the school committee- 
men, the assessor, town clerk, the constable, who 
preserves order, the treasurer, the overseers of the 
poor, and the overseers of the highway. 

111. Some Duties of Local Government.^ — We have Variety and 
already considered so fully the work performed by of the duties. 
our county and town governments that it is necessary 

at this point simply to call attention to a few of the 
principal duties. One of the first things to which 
local officials must give attention is the preservation 
of order by arresting and trying offenders and by 
punishing them if they are found to be guilty. The 

1 In this connection the pupil should review §§ 65—68, 76-80, 84, 
90-91, 94, 99-100. 



I06 GOVERNMENT AND THE CITIZEN 

location and construction of highways require consid- 
erable thought and skill, if the best interests of the 
community are to be served. Proper care must be 
taken of the public schools and of the worthy poor 
within the district. The laws relating to the control 
of the manufacture and sale of intoxicating drinks 
require considerable supervision. In fact all of the 
duties left with our rural local governments are of 
such a character that they can be performed properly 
only by wide-awake, public-spirited officials who re- 
ceive the hearty cooperation of the people whom they 
represent. 

TEXT QUESTIONS 

1. Describe the three types of local rural government in the 
United States. 

2. Give reasons why one type of local government was devel- 
oped in Virginia and the opposite type in Massachusetts. 

3. To what extent is the county-township government in use 
in this country ? 

4. Name the principal county officers and the duties of each. 

5. Why is the town meeting the essential feature of New 
England town government? 

6. Explain the following words : " congregations " (§ 107), 
"township" (§ 108), "deeds" (§ 109), "mortgage" (§ 109). 

SUPPLEMENTARY QUESTIONS 

1. Study the local government of England during the seven- 
teenth century. Show what features were transplanted to Amer- 
ica and why this happened. (Ashley, " American Government," 
§§40-45.) 

2. Why was "a county government more essential than a 
town government " in a new state ? 

3. How many counties are there in this state? 

4. In what county do we live? What is its area? its popula- 
tion by the last census ? What is the county seat ? 



TOWN AND COUNTY GOVERNMENT 



107 



5. What name is given to tlie county board? Give the num- 
ber of members and its principal powers. 

6. What county officers are elected by the people? What is 
their term of office ? 

7. If living where the town is important, answer questions 4 
5, and 6 for the town. 

8. Fill out the following table : — 

County Officials 



Office 


Term 


Salary 


Name of Present Official 









































































































CHAPTER X 

CITY GOVERNMENT 

Extent and 112. The Remarkable Growth of our Cities. — We 

causes of the • j. ^.i • i. r -^ j. 

growth. c^^ appreciate the importance of city government 

if we realize that one third of all the people of the 
United States live in cities of over eight thousand 
inhabitants, whereas twenty-five years ago less than 
one fifth of our population dwelt in cities. The chief 
motives influencing this migration to urban centers 
have been the increased opportunities of business 
advancement which a city offers, and the social and 
educational advantages found there. Because of the 
many calls which city life makes upon the time of 

Why city its people, Icss chance is given the voters to interest 

neglect their ^hcmselves in the way the government is conducted. 

governments. Since they do not become acquainted with their 
neighbors as in the country, the candidates for even 
the ward officers are probably unknown to ninety- 
five per cent of the voters. The indifference of the 
people to city affairs, due to these causes, is in- 
creased by the lack of great public questions in 
connection with the municipal government. The 
vast number of details with which city officials are 
concerned are so confusing that the voters cannot 
readily detect mistakes or hold unworthy officials to 
account It is well known that our city governments 

io8 



CITY GOVERNMENT 109 

have often fallen into the hands of men whose sole 
business is " politics," and whose care for the public 
welfare is less marked than their devotion to private 
interests. This is the more unfortunate because the 
regulation of a city's business involves the expendi- 
ture of a much greater amount of money in pro- 
portion to the population than does that of the 
county, the state, or the national government, so 
that all citizens ought to be vitally interested in hav- 
ing their city's government as perfect as possible. 

113. Incorporation and Charters. — In order to what incor- 
transact public business, a city must first of all be p°''^^^°" ^^• 
incorporated and obtain a charter. The act of incor- 
poration is equivalent to the organization of a busi- 
ness and takes place when the voters of the city vote 

at a special election in favor of incorporation. The Charters and 
charter is the written document which provides for gr^ted.^ ^^^ 
city officials and defines the duties of any officer or 
department. Usually, the charter is granted to the 
city by the state government, but in four states, 
Missouri, CaUfornia, Washington, and Minnesota, the 
people are allowed to choose charter committees, 
which, having framed suitable charters, submit them 
to the voters and to the legislatures for their approval. 

114. The City Council does for the city what the Powers of the 
county board does for the county (§ 109). It has the 

right to construct public buildings, and to make 
ordinances for the control of the streets, the preser- 
vation of order, the Hcensing of saloons, the protec- 
tion of public health, and other matters of local 
interest. The council is usually the chief financial 



no 



GOVERNMENT AND THE CITIZEN 



Composition 
of the 
council. 



Duty of the 
mayor. 



organ of the city. To it estimates of the expenses 
of the different departments are furnished, by it 
appropriations are voted, and provision made to meet 
the expenditures through taxation or other forms of 
revenue. When it becomes necessary to borrow 
money, the council is authorized to issue bonds for 
the necessary amount, although sometimes only after 
securing the approval of the voters. When a com- 
pany appHes for a franchise to lay a street railway, 
or furnish telephone service or gas to the people, the 
appHcation is made to the council, but in some cities 
it is not permitted to grant franchises without first 
gaining the consent of the voters. 

Our councils are ordinary small bodies of a single 
chamber, the members being elected every two years 
from the wards or other convenient districts of the 
city. 

115. The City Mayor is often an official of very 
great importance. As the executive head of the 
city, he is largely responsible for the enforcement 
or non-enforcement of the law within the city Hmits. 
Although the chief of police has immediate charge 
of arresting offenders and keeping the peace, the 
mayor must see that no serious disorder occurs. 
For a position of such prominence, the ablest men 
would naturally be chosen, but this is not always 
the case, for, in most of our cities at the present 
time, the mayor is often unable to prevent the viola- 
tion of laws which he is supposed to enforce. In 
brief, his real power is not equal to his responsi- 
bility. Many of the officials under him are men 




Public Library, Boston, Mass. 




City Hall, San Francisco 



CITY GOVERNMENT m 

whom he cannot control. If they do not desire to The mayor 
carry out his wishes, he cannot force them to do ordiniLr^' 
so. Some of our cities have attempted to remedy 
this state of affairs by allowing the mayor to appoint, 
and to remove for cause, most of his subordinates. 
This has greatly increased the mayor's power and 
has made it possible to get better men as mayors, but 
it has not always given us better city governments. 

Our mayors are chosen by the voters, usually The chief 
every two years. Their chief power is that of " veto- ^Tor°^^^^ 
ing," that is, of forbidding ordinances passed by the 
city council. A vetoed ordinance becomes a law 
only in case it is repassed by the council by a very 
large majority, usually two thirds of all the members, 
so that if the mayor disapproves any measure, he 
will probably prevent its passage. 

116. City Elections. — Not only are the mayor and City elective 
the coun oilmen chosen by popular vote, but an as- °^'"^^^- 
sessor, a tax collector, an auditor, a treasurer, a clerk, 
an attorney, and members of a board of education 
are often elected in the same way. Formerly all city city elections 
elections were held at the same time as state and con- ^^ ^^^ p^^** 
gressional elections. Nominations were made by 
each political party for every elective office, and the 
election was a party contest in which every voter 
was expected to support the nominees of his party 
whether he considered them the best men or not. 
After some agitation, the fact became generally 
recognized that there is no unnecessary connection 
between city government and partisan politics, and 
that party politicians were frequently unsatisfactory 



112 



GOVERNMENT AND THE CITIZEN 



Separate city 
elections. 



Reformed 

regular 

elections. 



Importance 
of the 
departments. 



officials. To remedy this defect, city elections were 
separated from other elections in many states. Some 
of the nominees in most of these separate elections 
are independent candidates, and the men nominated 
by the political parties are likely to be business 
men rather than poHticians, so that there has been 
an improvement in the character of the candidates. 
Moreover, in separate elections the voters are less 
inclined to support the entire ticket of their party 
than in regular elections, and, by discriminating in 
favor of the best men, have secured better officials. 

At the same time, there has been an improvement 
in those cities which choose their city officials on 
regular election days. Organizations of business 
men, by examining the records of all candidates and 
agreeing to support only the best nominee for each 
office, have given to the parties a special inducement 
to place good men on their tickets, and have done 
much toward the betterment of city government. < 

117. The Administrative Departments in City Gov- 
ernment. — In order to carry on the large amount of 
business which we leave to our city governments, 
departments are organized under the supervision of 
boards or superintendents. The real success of city 
government depends to a great extent on two things 
connected with these departments : (i) the skill with 
which the separate departments are organized and 
the harmony with which they work together, and (2) 
the methods used in the selection of the numerous 
employees of these departments, as explained in the 
next section. 



CITY GOVERNMENT 1 13 

One of the most important departments is that of ^cW^^^^^ 
education, managed by the school board, whose mem- 
bers are ordinarily elected from the wards of the city. 
This board has practically absolute control of all 
schools and school matters, except in raising money 
for current expenditures and for new buildings. 

There are usually boards appointed by the mayor ^^^^^^^ 
or council which regulate the affairs of th^ police, fire, departments. 
and health departments,^ although the executive work 
of these departments is performed by chiefs. Other 
departments have duties but little less important than 
the four we have mentioned, as we can understand 
if we review the municipal undertakings described 
in Chapters VII and VIII.^ Among these depart- 
ments are those that look after the poor, the water 
supply, public lighting, the streets, the parks, and 

other matters. 

118. Civil Service Reform in Cities. -By civil The^spoiis 
service reform is meant the movement which has 
been prominent in this country during the last quarter- 
century to obtain better-trained and more competent 
employees to assist our public officials. Soon after 
the beginning of the nineteenth century, it became 
the custom for officials to select for positions under 
them, partisan friends who had rendered them some 
service. This custom, known as the " spoils system," 
of turning out the former employees to make way for 
personal favorites, on the ground that " to the victors 
belong the spoils," prevailed almost unchecked until 

1 In this connection reexamine Chapter V. 

2 Consult especially §"§ 90-92, 94, 97-ioo? 103. 



I 



114 



GOVERNMENT AND THE CITIZEN 



Need of a 
reformed 
civil service 
in cities. 



Tw^o classes 
of duties. 



Variety of 
the necessary 
duties. 



about twenty years ago the reformers gained a foot- 
hold. So earnest were they and so well supported by 
public sentiment that a great deal has been done to 
insure the selection of trained men and women who 
may retain their positions as long as they give 
satisfaction. In cities the need of skilled assistants is 
greater than in any of our other governments, because 
our city employees are more numerous than all others, 
and because the work of a city government is very 
much like that of a business. Political views are not 
a necessary qualification of a policeman, a fireman, or 
an office clerk, but ability to do the work well must 
be demanded if the public is not to suffer. Compara- 
tively little has been done to establish in our cities a 
regular civil service in which appointments are made 
exclusively on the ground of merit or removal solely 
for incompetency, but there is good reason to hope 
that the popular interest taken in this subject will 
lead to some improvement, without which good gov- 
ernment is impossible. 

119. The Necessary Work of a City. — We may 
classify the duties performed by our cities as necessary 
or business duties. By necessary duties are meant 
those which are invariably performed by American 
municipalities. The business functions include the 
business enterprises, like the supplying of water or 
light, which are either undertaken by the cities or 
performed by private parties with the consent of the 
city officials. 

From what we have noticed (§ 66\ it is quite evident 
that our city governments have a very difficult task in 



CITY GOVERNMENT 115 

the preservation of order, because so many criminals 
make their headquarters in cities. The duties con- 
nected with the public health are exceedingly arduous, 
since health will be imperiled when people are crowded 
together, unless all necessary precautions are taken 
to keep the city clean and to prevent the spread of 
disease. Streets must not only be kept open, but fitted 
for use by proper paving and sufficient lights in order 
that they may be of value to the citizens. The poor, 
always more numerous in the cities than in the 
country, must be cared for, parks must be provided, 
and careful attention must be given to the system of 
public schools. These duties and many others which 
must be undertaken, require able supervision, the em- 
ployment of many hundred thousand men and women 
and the expenditure of several hundred million dollars 
yearly. 

120. Business Duties and Problems. — The city gov- why the 
ernment is responsible to a great extent for the quality 
and abundance of the water furnished to the house- good water, 

lights, and 

holders, for the character of the light they receive, transporta- 
for the principal defects of the street railway system, 
and for the telephone service. These articles are 
necessaries which can be provided only by making 
permanent use of the people's highways — the city 
streets. No company can furnish these commodities 
until it obtains from the city government a permit or 
franchise giving it that right. If the government How cities 
grants a franchise for an unreasonably long time, if it ^i.oIect\he 
does not retain in its own hands the supervision of the public. 
general management of the company, so that it may 



cities should 
guarantee 



Il6 GOVERNMENT AND THE CITIZEN 

"require the company to furnish good service at low 
rates, if it gives any company a monopoly in supplying 
one of these utilities, the fault lies with the city gov- 
ernment. . It is quite true that one set of officials may 
give away so much that the city is thereafter power- 
less, and later officials, try as they may, cannot pro- 
tect the citizens. But this simply emphasizes the 
importance of the business duties performed by the 
city government and the responsibility which it must 
assume. It shows that either the cities must own 
these public utilities or they must be exceedingly care- 
ful in the granting of these franchises, which often 
are of immense value. They must take every pre- 
caution against the possible corruption of public 
officials who may be bribed to give away the city's 
rights, and must secure as their representatives in the 
city government men whose honesty and integrity 
cannot be questioned. 

TEXT QUESTIONS 

1. What conditions in cities make the people careless about 
political affairs ? 

2. What is the city charter? How did we get our charter? 

3. Name the chief powers of the city council. 

4. What attempt has been made to improve city government 
through changes in the mayor's power? 

5. What has been done to get better men ^or office in 
cities ? 

6. Give the names and duties of the principal administrative 
departments. 

7. What is meant by civil service reform? Why is it espe- 
cially desirable in cities ? 

8. Distinguish between the necessary and business duties 
of a city. Mention the most important necessary duties per- 



CITY GOVERNMENT 



117 



formed by our city government; the most important business 
functions. 

9. Explain the following terms : " ordinances" (§ 1 14)^ "fran- 
chise" (§ ii4),"veto"(§ 115), "partisan politics "(§ ii6),"ad- 
ministrative departments" (§ 117), ''the spoils system" (§ 118), 
" civil service " (§ 118), "public utilities" (§ 120). 

10. Explain the meaning of the sentences : " his real power is 
not equal to his responsibility" (§ 115) ; "the skill with which 
the separate departments are organized and the harmony with 
which they work together" (§117). 

SUPPLEMENTARY QUESTIONS 

1. What is the area of this city? Its population? 

2. What date does the present charter bear? Was it given 
to the city by the state legislature? How may it be amended? 

3. How many members are there in the council? From 
what kind of districts are they elected? What is their term of 
office ? 

4. Is it better to elect the councilmen from wards or from the 
entire city ? 

5. What is the mayor's term of office? His salary? Name 
his principal powers. 

6. When are our city elections held? What eff"ort has been 
made to get good men for office ? 

7. How is San Francisco governed? {Review of Reviews^ 
XIX (1899), pp. 569-575.) 

8. Have we a civil service commission in this city? If so, 
what persons does it appoint? 

9. What has been done toward reforming the civil service of 
cities? (Devlin, "Municipal Reform in the United States," pp. 
85-102.) 

10. What official or body grants franchises in this city? Does 
the charter limit the term of years for which franchises are 
granted or prescribe any other conditions under which they 
are permitted? 

11. What dangers are encountered in granting franchises? 
{Atlantic Monthly, LXXXVIII (1901), pp. 463-482.) 

12. Fill out the following table for city officials, and for the 
principal departments mentioned in § 117. 



Il8 GOVERNMENT AND THE CITIZEN 



City Officials 



Office 


How Selected 


Term 


Salary 


Present Official 



















































































Administrative Boards 



Department 


How Selected 


Number 


Term 


Is THERE A Superin- 
tendent ? 































































CHAPTER XI 

THE STATE GOVERNMENTS 

121. The History of our State Governments. — Our Departments 
state governments as well as our local governments coionjai 
have an interesting history and have had an impor- governments. 
tant influence on American history. In each of the 
colonies established during the seventeenth century 
on the Atlantic slope there was a governor who 
exercised extensive power, a legislature, one branch 
of which was elected by the people, and courts pre- 
sided over by judges who were always appointed. 
There were, however, three classes of colonies differ- Three classes 
ing greatly from one another. First, there were the 
Royal colonies, the governors of which were appointed 
by the king. Besides the seven royal colonies there 
were three Proprietary colonies, the governors in 
these provinces being appointed by proprietors, and 
finally in three colonies, called Charter colonies, the 
governors were chosen by the people or their 
representatives. 

In the royal and proprietary colonies the governors Contests 
had at first almost absolute power. Before long the governors ^ 
assemblies of deleo^ates chosen by the people de- and the 

^ J' r r people. 

manded certain rights and privileges, and, during the 
eighteenth century, the assemblies were constantly 
quarreling with the governors. Because the assem- 

119 



120 



GOVERNMENT AND THE CITIZEN 



The two 
houses. 



Legislative 
districts. 



Purpose and 
character of 
gerryman- 
dering. 



blies represented the people and the governors rep- 
resented the king or the proprietors who lived at a 
great distance, the assemblies usually gained what 
they wanted. These quarrels of course ceased when 
the Revolutionary War broke out, for after that time 
the governors as well as the legislatures were chosen 
by the people. 

122. The State Legislature and its Election. — At 
the present time all of our state legislatures are com- 
posed of two houses, the smaller of which is known 
as the senate. The members of these houses are 
elected by the voters from districts into which the 
states are divided. Every ten years a census is 
taken of all the people living within the United States. 
Very soon after, the legislature of each state divides 
its state into as many senatorial districts as it needs 
and into assembly districts. Every senatorial district 
is supposed to contain the same population as every 
other senatorial district, and the population of every 
assembly district is theoretically the same. As but 
one legislator is elected in each district, the people in 
one part of the state are as well represented as in any 
other. 

123. Gerrymandering and Proportional Representa- 
tion. — It happens sometimes that a legislature will 
divide a state into irregular-shaped districts in order 
that their party may elect more than their share of 
legislators. This practice is known as '''gerrymander- 
ing^' and, if permitted, may defeat the wishes of the 
people by electing, through the gerrymandered dis- 
tricts, a legislature that represents the minority. 



THE STATE GOVERNMENTS I2I 

Even when the districts are arranged in a fair way, Proportional 
one party may have much more than its share of JSn.^^^"^ 
legislators. If it elects its candidates by small 
majorities in practically all of the districts, the minor- 
ity party will have few representatives, although it 
polled a large vote. To remedy this defect, many 
plans of proportional representation have been pro- 
posed, since it is but just that a party which gets one 
third of the votes in a state should have about 
one third of the legislators and not one half or 
one tenth. Illinois is the only state that really has The Illinois 
tried proportional representation for state offices. ^^"* 
In that state there are fifty-one senatorial districts, 
in each of which one senator and three representatives 
are chosen. Every voter may cast one ballot for a 
state senator and three ballots for representatives, 
casting all three for one person or for different ones, 
as he prefers. The districts are, however, too 
small to afford a fair test of the merits of the 
system. 

124. The Legislators and their Duties. — A senator Terms and 

r 1 1 qualifications 

IS likely to be chosen for a longer term than are of legislators. 
members of the lower house of the legislature, four 
years being their usual period of office to two years 
for assemblymen. The state constitutions usually 
prescribe certain qualifications regarding the age and 
residence of candidates for the legislature, and in 
practice no one is selected who is not a bona fide 
resident of the district from which he is chosen. 

Legislators are not asked to donate their time to Salaries and 
the public service, although their compensation is ' ^'^^^^' 



122 



GOVERNMENT AND THE CITIZEN 



Privileges 
and dis- 
abilities of 
legislators. 



Introduction 
of bills. 



A bill in 
committee. 



never large. Some states pay an annual salary, while 
others give a fixed amount for each day the legislature 
is in session. Sessions are ordinarily held only once 
in two years, and the length of the session is usually 
specified in the constitution, so that the legislators 
cannot draw pay for an indefinite period. Their 
traveling expenses are ordinarily met by the govern- 
ment, which allows them an amount known as " mile- 
age " which is proportional to the distance they travel. 
If they receive "mileage," however, they are often 
forbidden to travel on railway '' passes." 

Members of the legislature are not allowed to hold 
any other office under the government, nor may they 
later accept a position created by the legislature 
during their term of office. They are free from 
arrest while engaged in public business, and are not 
subject to a suit for libel on account of anything 
they may say within the halls of the state capitol. 

125. The Process of making Laws. — In making 
laws, the legislature follows a routine which is pre- 
scribed in part by the constitution of the state. First 
of all, a bill, as it is called, is introduced in one of 
the houses of the legislature by some member. The 
character of the bill is indicated by its title, which 
must not include more than one subject. After the 
clerk has read the bill, either in full or by the title, 
it is usually sent to the committee having charge of 
all subjects similar to those of which the bill treats — 
in technical language, the bill is committed. The 
committee may not see fit to bring into the house a 
report upon it, and it is said to have been " killed in 




>1 

pq 



O 

Q 

H 
Eh 

xn 

W 

o 



THE STATE GOVERNMENTS 123 

committee." If fortunate enough to escape this fate, 
it is reported, read a second and a third time, and 
possibly debated or amended. Finally it may be Debate and 
brought to a vote, and if favored by the majority ^°^^' 
required by the state constitution — usually one half 
of those elected to the house — it is signed by the 
presiding officer and sent to the other house. Again The bin in 
it must go through the three readings on three sepa- chtmben^ 
rate days, and, if approved, is sent to the governor. 
The governor has from ten to thirty days to decide Thegov- 
whether he will sign the bill. If it is objectionable 
to him, he returns it to the house in which it origi- 
nated, with the reasons for " vetoing " it. If, how- 
ever, in spite of his veto, a large majority in each 
house still wish the bill to become a law, it is " passed 
over the veto " and becomes a law without the gov- 
ernor's signature. 

126. The Importance of the State Legislature. — Theiegisia- 
The legislature overshadows the rest of our system o^her^depart- 
of state government, since it not only makes laws ments. 
upon all subjects that are not expressly and exclu- 
sively granted to the national Congress, or denied by 
the United States or state constitutions to the legis- 
lature, but may also interfere in many ways with 
the work of the other departments. It has control 
of all state finances, including important questions Powers of the 
of state and local taxation, borrowing funds and ^^^^^ ^^^^^~ 
expending money. All of the general laws under 
which our local governments and schools are organ- 
ized, those referring to the state and local courts and 
procedure in these courts, those dealing with the 



124 



GOVERNMENT AND THE CITIZEN 



making and enforcement of contracts, the transfer 
of property, marriage, and divorce, with preventing 
the spread of disease, with the incorporation of busi- 
ness houses — all of these form only a part of the 
vast number under the charge of the legislature, the 
whole covering a set of subjects of the first impor- 
tance, not only because there are so many, but be- 
cause all are of such interest to us in our home and 
business life. 



The gov- 
ernor's elec- 
tion. 



Qualifica- 
tions and 
salary. 



127. The Selection of the State Governor. — The 

governor is by far the most prominent and powerful 
executive official of the state. Around his election, 
which occurs once in two or four years, the chief 
interest in state politics centers. This election is 
usually held on the Tuesday after the first Monday 
of November, members of the state legislature and 
some of the governor's colleagues and assistants 
being chosen at the same time. In a close state, the 
nomination of the candidates for governor demands 
universal attention, and the campaign following the 
nomination will occasionally awaken as much interest 
as a presidential election. 

In most of the states, the constitutions require 
that the governor shall be twenty-five or thirty years 
of age and a resident of the state for not less than 
five years. As with the legislators, the governors 
are expected to receive a part of their compensation 
in the honor accompanying the office, for the aver- 
age salary is less than $5000 and in no case is the 
salary more than ^10,000. 



THE STATE GOVERNMENTS 125 

128. The Powers of the Governor. — Among: the General 

executi 
power. 



important powers exercised by the governor, the fol- ^^^^^^^^^ 



lowing should be noticed, (i) The governor is the 
chief executive official of the state, being responsible 
for the general execution of the state laws. As 
many of the state laws are, however, carried into 
effect by the local officials and by state officials 
whom the governor cannot control directly, it is often 
unjust to hold him responsible if the laws are not 
properly enforced. (2) He is the commander-in- Military. 
chief of the state military force — the militia — and 
as such may protect the state from invasion and aid 
the local officials in suppressing insurrections (§71). 
(3) He has the right to appoint — usually with the Appoint- 
consent of the state senate — a great many minor 
officials. A few of these he may also remove. If 
a vacancy occurs, he may select some one for the 
place until the legislature or the people can fill the 
position. (4) He has the power of pardoning crim- Pardon, 
inals in all but a few states. (5) Much the most Legislative 
important of his powers are those relating to legisla- p°^^^^* 
tion. He may call, special sessions of the legislature, 
and at the beginning of all sessions submits messages 
giving his ideas and suggestions regarding needed 
legislation. When the two houses fail to agree on 
a time for adjournment, he may adjourn them until 
some reasonable future date. Most important of all, 
except in three states,^ he may veto bills sent to him 
by the legislature which can become laws only when 
repassed by the legislature by increased majorities. 

1 Rhode Island, North CaroHna, and Ohio. 



126 



GOVERNMENT AND THE CITIZEN 



Important 
state execu- 
tive officials 
and their 
duties. 



Under ordinary circumstances a governor's veto, 
accompanied as it is by a message giving his reasons 
for opposing the measure, will influence a fair pro- 
portion of the legislators, and he can thus forbid this 
legislation altogether. 

129. The Governor's Colleagues. — When the gov- 
ernor is elected, there are usually chosen a lieiLte7iant 
governor, who presides over the meetings of the state 
senate and is prepared to take the governor's place 
in case it becomes vacant, and several other executive 
officials who may be called the governor's colleagues. 
The secretary of state, the chief clerical officer of the 
state government, keeps all official records and takes 
charge of the state seal. The supervision of the 
expenditures authorized by the legislature is in- 
trusted to the controller, by whom every order drawn 
upon the treasurer must be approved before it can 
be paid by the latter from the state funds. An 
attorney-general is the legal adviser of the gov- 
ernor and of the legislators, and is the public prose- 
cutor in all criminal or civil suits in which the state 
has an interest. Besides these officials there are 
often public printers, superintendents of pubHc in- 
struction, superintendents of public works and sur- 
veyors-general, who may be elected by the people 
or appointed by the governor or the legislature. 



The lowest 
courts. 



130. The System of State Courts. — Most of the 
civil and criminal cases tried within the United 
States are considered in state courts. The least 
important cases, being very numerous, are tried in 



THE STATE GOVERNMENTS 127 

the lowest local courts of which there are a great 
number. These courts are usually presided over by 
coxmXxy justices of the peace or by city police jtcstices. 
Some suits are decided finally in these courts, but, 
as it is one of the principles of our judicial system 
that whenever possible a person whose claims have 
been denied shall have a second opportunity to obtain 
justice in a higher court, many important cases are 
appealed to the next highest tribunals, the county 
courts. These courts also try for the first time cases The inter- 
so important that they have not been considered in the ^Vts!^ 
lower courts. Cases are carried on appeal from the 
county courts to the next higher set, usually known 
as circuit or district courts^ the state being divided 
into several districts or circuits for that purpose. 

The highest court to which suits may be taken, The highest 
if of sufficient importance, usually consists of from ^^^^^ courts. 
three to seven judges who represent the entire state. 
As all cases involving the state constitution and 
other important laws come to this court for decision, 
there is no danger that fundamental laws will be 
interpreted in one way in one part of the state and 
in another way in a different section. 

131. The Necessity of an Upright Judiciary in a How able 

^ ,,. -r 1 T,« 1 • ^'a. !.• and honest 

Republic. — In a country whose political institutions judges can 
are as popular in character as ours, the need of an protect the 

^ ^ _ people. 

able and upright judiciary is imperative. Our judges 
must not only explain the meaning of the laws but 
of the constitutions as well, and if they are corrupt 
or are subservient to any particular interest or set 
of persons, justice will be " sold, delayed, and 



128 GOVERNMENT AND THE CITIZEN 

denied," and the fundamental rights of freemen will 
be refused to us. An ignorant judge is but little 
less dangerous to the public welfare and to indi- 
vidual security than a corrupt justice, and every 
possible precaution must be taken to secure men 
of ability as well as of integrity. When, as is the 
case in most of the states, the salaries paid to the 
highest judges are but a tithe of the income of promi- 
nent lawyers, the honor of holding the position must 
be made the chief attraction to jurists of ability. 
If we elect as judges men of inferior standing, men 
whose business is politics rather than the law, or 
men who seek places on the bench through dishonor- 
able means and who use them for personal or parti- 
san ends, we must expect a judiciary that does not 
command respect, and which, in the long run, will 
defeat the popular will and bring our free institutions 
into disrepute. 

TEXT QUESTIONS 

1. What classes of colonies were there before the Revolution- 
ary War ? 

2. Why do the legislatures often fail to represent the people ? 
What remedy has been proposed for that defect ? 

3. What special privileges has a legislator ? 

4. Describe fully the process of making laws. 

5. Why is the state legislature the most important part of our 
system of state and local government ? 

6. Enumerate and explain the governor's powers. 

7. Give the names and duties of the governor's colleagues. 

8 . Why is an upright judiciary especially necessary in a republic ? 

9. Explain the following terms : "census" (§ 122), "gerry- 
mandering" (§ 11^)^^^ bona fide resident" (§ 124), "mileage" 
(§ 124), "passes" (§ 124), "killed in committee" (§ 125), "the 
making and enforcement of contracts " (§ 126), "the transfer of 



THE STATE GOVERNMENTS 129 

property" (§ 126), a "close state" (§ 127), "power of pardon" 
(§ 128), "cases are appealed" (§ 130), "fundamental laws" 
(§ 130)- 

SUPPLEMENTARY QUESTIONS 

1 . How many senators are there in our legislature ? What is 
their term of office ? Do all retire at one time ? 

2. How many members are there in the lower house ? What 
is their term and salary ? 

3. When are legislators elected and when does the legislature 
meet ? 

4. What is a quorum ? How many constitute a quorum for 
each house ? What vote is necessary to pass a bill, the first 
time ? over the governor's veto ? 

5. What are the principal defects of our legislatures ? (T. 
Roosevelt, in his " American Ideals.") 

6. Is proportional representation desirable ? Is it practical ? 

7. Should we probably get better legislators if we paid larger 
salaries ? 

8. If legislators receive " mileage," should they be allowed to 
accept railway passes ? 

9. Would it be better to have less state legislation ? (Consult 
Hart's "Actual Government," § 65.) 

10. When and for what term was our present governor elected ? 
What salary does he receive ? 

11. Which powers mentioned in § 129 may be exercised by 
our governor ? Has he any other important powers ? 

12. Which of the governor's colleagues are elected and which 
ones appointed ? 

13. Give the names of the governor and other important state 
officials ? Who are the senator and representative from our dis- 
tricts at present ? 

14. Name the different courts in this state, giving the number 
of judges, their term of office, and the district over which they 
preside in each case. 

15. On the working of state governments, consult Bryce's 
"American Commonwealth," abridged edition, pp. 366-378. 

16. Why is "an ignorant judge but little less dangerous to 
the public welfare and to individual security than a corrupt 
justice" (§ 132)? 

K 



CHAPTER XII 



THE STATE CONSTITUTIONS 



State consti- 
tutions as tile 
basis of state 
and local 
government. 



State consti- 
tutions as a 
product of 
history. 



Tiie colonial 
charter as an 
undeveloped 
constitution. 



132. Introduction. — We have now considered at 
some length the character of the state, city, and 
local governments, and the most important duties 
which these governments perform. The basis of 
this whole superstructure of government is the state 
constitution, which outlines the entire system of state 
and local government. This written document, which 
determines the character of all these governments, 
was adopted at some time in the past by the people 
of the state, and may be changed by them when a 
change becomes necessary. These state constitu- 
tions of ours are most essential, for they make possi- 
ble such governments as we have to-day, but it is 
well to bear in mind that we have them in their 
present form not only because of our needs at the 
present time, but for historical reasons as well. In 
other words, our state constitutions are as much the 
product of historical development as of our present 
political conditions. 

133. The History of the State Constitutions. — In 
colonial times, when a colony was estabHshed, the 
king gave to the colony or its leaders a charter which 
was a written document defining the limits of the 
land granted to the colony by the king and showing 

130 



THE STATE CONSTITUTIONS 131 

the character of the government that might be estab- 
Hshed. Most of the colonies lost their charters in 
time, but three of them — Massachusetts, Connecti- 
cut, and Rhode Island — remained under charter gov- 
ernments until the time of the Revolution. Two of 
these colonies, Connecticut and Rhode Island, were 
really little republics which governed themselves. 
When the Revolutionary War broke out, and the 
new states became independent except of each other,, 
they were anxious to establish republican govern- 
ments that would obey the people and that could not 
restrict the rights of the people. They accordingly The revoiu- 
adopted written constitutions modeled after the char- sthu^ions°^" 
ters of Connecticut and Rhode Island. These early 
constitutions were short and often vague, but in time 
these defects were removed. In fact there has been 
great danger of going to the other extreme, as our 
present constitutions are long and involved, covering 
so many subjects that frequent alterations are nec- 
essary, and leaving less discretion to the legislatures 
than is often desirable. 

134. Calling a Constitutional Convention. — Several Action of the 
of the states have constitutional conventions at regu- ^^^^ ^ ^^^' 
lar intervals to revise the existing constitutions, but 
most of them give the legislatures the right to decide 
when a new convention shall be called. The first 
step is taken when the legislature passes a resolution 
asking the voters to signify at the next regular elec- 
tion whether they wish a new constitutional conven- 
tion. Such a resolution is not passed usually by an 
ordinary vote, as nearly one half the states demand 



132 



GOVERNMENT AND THE CITIZEN 



Vote of the 
people. 



Work of the 
convention. 



that two thirds of the members elected to each house 
of the legislature approve the resolution before the 
people vote upon the question. If, at the next elec- 
tion, a majority of the voters favor the convention, 
the legislature arranges for the election of delegates 
in districts throughout the state and designates a time 
and a place for the convention to hold its sessions. 
The meeting of a convention is an important event, 
and the delegates are usually selected with great care. 
135. The Adoption of a Constitution. — When its 
organization has been completed, the convention may 
decide merely to revise the present state constitution, 
but frequently the changes are both numerous and 
radical. After completing its work, it may declare 
by resolution that the new constitution goes into force 
the first of the year following, except in about one 
quarter of the states, the constitutions of which com- 
pel the convention to submit the new constitution to 
the voters for their approval or disapproval. As a 
rule, however, the conventions voluntarily do this, 
since it has become an unwritten law in most parts 
of the Union that popular ratification shall be the 
last step in the process of framing a state constitution. 
Then, if the new constitution is not approved, the old 
one remains in force. 
First method. 136. The Methods of amending Constitutions. — 
Changes are constantly occurring in the state con- 
stitutions through the adoption of separate amend- 
ments. There are two rather different methods of 
amendment, (i) The proposed amendment is ac- 
cepted by a fairly large majority in each house of 



Popular 
ratification 



THE STATE CONSTITUTIONS 133 

one legislature, and is then left for the legislature 
chosen at the next election. If the amendment is 
approved by this second legislature, a vote is taken 
upon it at the following state election, and if indorsed 
by a majority of those voting, it becomes a part of 
the constitution. (2) Many of the newer states, for Second 
the purpose of avoiding the serious delays which are ^^^ °^' 
inevitable with the first method, give two thirds of 
those elected to each legislative house the right to 
propose amendments, which must be ratified at the 
polls as in the first method. 

In order that all amendments may stand upon Are consti- 
their own merits, they are submitted separately, changes too 
Some states are so fearful of frequent changes that frequent? 
they limit the number of amendments that may be 
proposed at one time, or within a certain number 
of years. In spite of these precautions, many people 
think that too many changes occur in the constitu- 
tions, and all know that very few of the amend- 
ments awaken the popular interest and receive the 
attention that they should. 

137. The Contents of the State Constitutions. — Biiisof 
The subdivisions of our constitutions are three in "^ 
number, (i) There are bills of rights which state 
some general principles of liberty and government, 
specifying what individual rights shall not be dis- 
turbed by the state or local governments or by any 
public official. (2) The principal parts of the con- Frames of 
stitutions are the frames of government, including 
the sections devoted to the composition and powers 
of the legislative, executive, and judicial branches 



134 



GOVERNMENT AND THE CITIZEN 



Miscella- 
neous pro- 
visions. 



of the state government. (3) We have the miscella- 
neous provisions, the chief of which are the articles 
upon suffrage, the method of amendment and gen- 
eral revision of the constitution, and upon local gov- 
ernment, although those upon education, corporations, 
taxation, public lands, and public institutions treat 
of subjects of great interest. 

TEXT QUESTIONS 

1. Show that "these constitutions of ours are most essential." 

2. What was a colonial charter ? What influence did the 
colonial charter have on the development of the state constitution ? 

3. In what respect are our present constitutions different from 
the early ones ? 

4. Give the different steps in the framing of a state constitu- 
tion at the present time. 

5. What two methods of amending constitutions are in use in 
different parts of the United States ? 

6. What three subdivisions are to be found in state constitu- 
tions ? 

7. Explain the following term.s : "republican governments" 
(§ 133)? "unwritten law" (§ 135), "amendment" (§ 136), "bill 
of rights" (§ 137), "frames of government " (§ 137). 

SUPPLEMENTARY QUESTIONS 

1. What has been the history of our state constitutions ? 
(Bryce, " The American Commonwealth," abridged edition, pp. 

297-305^ 317-319-) 

2. When was our state constitution adopted ? What was the 
ratifying vote ? 

3. How many constitutions have Vv^e had in all ? Have any 
proposed constitutions ever been rejected ? 

4. How may our constitution be amended ? Were any amend- 
ments proposed at the last election ? Were these adopted or 
rejected ? 

5. Are changes in the state constitutions too frequent ? (Con- 
sult Ashley's " American Federal State," § 414, with marginal 
reference.) 



PART III 
THE NATIONAL GOVERNMENT 

CHAPTER XIII 

THE CONSTITUTION OF THE UNITED STATES 

138. Introduction. — Having completed our study What the 
of the state and local governments, let us now turn doeTfor th^ 
to the other half of our erovernmental system and national gov- 

^ ernment. 

examine the national government and its workings. 
In this study we shall find it advisable to begin with 
the Constitution of the United States, for our national 
government really did not exist before this Constitu- 
tion was adopted. Furthermore, as the national gov- 
ernment derives its authority from the people through 
the Constitution, it cannot use any power unless that 
has been granted to the national government by the 
Constitution, although our state governments may 
undertake any duties not denied to them by their 
state constitutions or by the Constitution of the TheConstitu- 

TT ' -y r^ T'1 ' , ^ A. ^ ti on and the 

United States. It is the more appropriate to study states. 
the Constitution at this point, because, as stated in 
the last sentence, it does deny certain things to the 
states and has therefore an influence on the charac- 
ter and work of the states which is of great signifi- 
cance and which should be considered in connection 

135 



136 



GOVERNMENT. AND THE CITIZEN 



Its adoption 
and amend- 
ment. 



Composition 
and powers. 



Powers of 
Congress 
under the 
Confedera- 
tion. 



with the preceding chapters. This important Con- 
stitution was drafted in 1787, and ratified by the 
states during the following year. It has been in 
force ever since, having been somewhat modified 
by fifteen amendments adopted since 1788. 

139. The Second Continental Congress. — When the 
thirteen Enghsh colonies revolted against the rule 
of the mother country and declared their independ- 
ence in 1776, their interests in common were pro- 
tected by the Second Continental Congress, which 
was composed of delegates from the different states. 
This Congress, in which each state had one vote, 
conducted the war, issued paper money, and settled 
disputes between the states, but no one knew just 
what powers it had, for there was no document show- 
ing what laws it might make. 

140. The Confederation. — After repeated efforts, 
the states were induced to ratify " Articles of Con- 
federation," which provided for a " firm league of 
friendship " among the states, and enumerated the 
powers that Congress might exercise. But the states 
were jealous of Congress, and gave it just as little 
power as possible. It could not levy taxes, but was 
obliged to ask the states for what money it needed. 
When the states neglected to pay these sums. Con- 
gress became bankrupt. Although Congress had the 
right to pass a great many laws, it could not force 
any one to obey them, because it did not deal with 
individuals but with the states, and the states did not 
care to enforce the laws which Congress had made. 
For several years matters went from bad to worse. 



CONSTITUTION OF THE UNITED STATES 137 

Congress continued to hold meetings, though fewer 
delegates attended each one. Two attempts were Attempt to 
made to give Congress the right of levying duties articles. 
upon goods imported into the United States from 
foreign countries. As no change could be made in 
the Articles of Confederation except by the unani- 
mous consent of the thirteen states, both of these 
proposed amendments were defeated, one state ob- 
jecting in each case. 

141. Commercial Needs under the Confederation. — injury to 
The Articles of Confederation had now become 



interstate 
commerce. 



practically valueless. Their defects can perhaps be 
shown most easily by considering the questions of 
foreign and interstate commerce. We can readily 
see that the United States could trade with Great 
Britain or France to advantage only so long as we 
had the same regulations for this foreign trade in 
all the states. Yet when Massachusetts attempted 
to lay duties on goods imported from abroad, Con- 
necticut made her ports free in order to get as much 
commerce as possible. New York used her fine har- 
bor to help her own commerce and injure her neigh- 
bors. Throughout the country state selfishness was 
destroying trade and injuring our good name abroad. 

142. A Constitutional Convention Called ( 1 786-1 787). TheAnnap 
— At length, in 1786, through the influence of George 
Washington, Alexander Hamilton, and James Madi- 
son, a conference met at Annapolis, Maryland, to 
decide how our commercial difficulties could best be 
settled. Only five states were represented at that 



olis confer- 
ence. 



138 



GOVERNMENT AND THE CITIZEN 



Members of 
the conven- 
tion. 



Opening ses- 
sions of the 
convention. 



Compromise 
over repre- 
sentation in 
Congress. 



conference, and after some discussion the delegates 
of these five asked Congress to summon a convention, 
which, by amending the Articles of Confederation, 
should make it possible for Congress to protect the 
commercial interests of all the states. 

Late in May, 1787, the members of the convention 
met at Philadelphia in the building famous as the 
birthplace of the Declaration of Independence. It 
was a very remarkable gathering of famous men, 
because every one knew that the time had come 
for important changes. In addition to Washington, 
Hamilton, and Madison, there were present many 
of the ablest statesmen of the Revolutionary period, 
including Benjamin Franklin, Roger Sherman, John 
Dickinson, Robert Morris, and Charles Pinckney. 

143. The Connecticut Compromise. — The conven- 
tion opened its sessions by excluding outsiders from 
its meetings, and by deciding that each state should 
have one vote as in the Congress. Washington was 
selected to preside over the convention. Without 
delay the members declared themselves in favor of 
forming a national government instead of trying to 
improve the league estabhshed by the Articles of 
Confederation. After a little opposition, they agreed 
that Congress should be composed of two houses, 
but at this point a difficulty arose. The large states 
insisted that the number of members in both houses 
should be proportional to the population of the 
states, while the small states wished to give each 
state an equal vote irrespective of its size. For 
weeks no agreement could be reached, but at length 



CONSTITUTION OF THE UNITED STATES 1 39 

a compromise was suggested by the Connecticut 
delegates. In the House of Representatives, each 
state was to be represented according to its popu- 
lation, but each was to have two senators in the 
upper house of Congress. This compromise, ordina- 
rily called the Connecticut Compromise, was finally 

adopted. 

144 Later Compromises. — Other compromises Compro- 

, mises over 

were later found to be necessary because the silvery. 
members from different sections wished to have 
different provisions adopted. For example, the 
South wished to count the slaves when the people 
were enumerated, and desired to have slaves brought 
to America. The North finally consented to count 
five slaves as equivalent to three whites and to per- 
mit the slave trade for twenty years in return for 
concessions made by the South in favor of taxation 

and commerce. 

145 The Selection of a President. — Very great Methods 

±iu- A V ^ r w f proposed. 

interest was displayed in the selection of a chiet 
executive, who was to be known as the President. 
Some of the members wished to have him chosen by 
Congress, but others argued that he would then be 
the tool of Congress and would not be independent. 
Two or three delegates suggested that he ought to 
be elected by the people, but popular elections were 
not so common then as now, and the rest treated the 
suggestion with contempt. The method finally Method^ 
adopted was as follows : each state was to appoint, m 
such a way as its legislature desired, as many 
" electors " as it had representatives and senators in 



I40 GOVERNMENT AND THE CITIZEN 

Congress. These electors were then to meet at their 
respective state capitals and vote for two persons, 
the one receiving the largest number of votes being 
declared President, and the one standing second on 
the list becoming Vice President. 
End of the 146. The Closlng Sessions. — For four months the 

workT^" ^ members of the convention worked at their stupen- 
dous task of making a constitution for the United 
States. At length on September 17, 1787, their 
labors were ended and they signed the completed 
document. As they were doing this, Franklin 
pointed to the half-sun at the back of the presiding 
officer's chair and remarked to those near him that 
during the sessions he had often wondered whether 
it was rising or setting, but that now he had the 
happiness to know that it was a rising and not a 
setting sun. 
Prejudices to 147. Ratification of the Constitution. — It was one 

be over- . 1 • r 1 , • r ... 

come. thmg for the convention to frame a constitution ; it 

was quite another to persuade the states to adopt it. 
The members of the convention saw the necessity of 
such a government as they proposed ; the people did 
not appreciate the evils of the Confederation and 
were opposed to the creation of a strong national 
government which might take away their liberties. 
As the Constitution would not become binding until 
ratified by conventions in at least nine states, those 
who favored the Constitution, now called Federalists, 

The ratifying worked with a wiU to secure its ratification. Several 

conventions. r ,1 • 1 n , . 1 i-- • 

01 the middle states gave their consent to the Consti- 
tution at once, and before the 4th of July, 1788, the 




Signing the Constitution 



?«5/ 



:--R 







I |IR ■ ■ ■ I M ■ ■ ,9 




Independence Hall, Philadelphia, Pa. 



CONSTITUTION OF THE UNITED STATES 141 

necessary nine states had ratified. Some of these, 
however, did so on condition that the first Congress 
should submit to the states certain amendments, 
which, if adopted, would protect the citizens from the 
national government. 

148. Amendments to the Constitution. — Ten of The "bin of 
these amendments, constituting a ''bill of rights," "^^^^•" 
were in time approved by two thirds of each house 

of Congress, and ratified by three fourths of the 
states, that being the principal method of amendment 
permitted by the Constitution. 

Five other amendments were afterward necessary. The later 
One of these changed the method of electing the ^^^^' 
President, and the last three were adopted at the 
close of the Civil War, for the benefit of the slaves. 
The Thirteenth abolished slavery, the Fourteenth 
made the blacks citizens, and the Fifteenth gave 
them the right to vote. 

Although there have been only fifteen amendments Change 
to the Constitution in all and only five if we exclude L^J^ation. 
those in the bill of rights adopted soon after the 
Constitution went into effect, the Constitution is in 
fact quite a little different from what it was in 1790. 
This is due to a broader interpretation of the Con- 
stitution, as Congress and the President are now 
allowed to do many things which the people of one 
hundred years ago thought were not authorized by 
the Constitution. 

149. The Nation and the States under the Constitu- The nation 
tion. — The name " United States " indicates that this fnseparaWe. 



142 



GOVERNMENT AND THE CITIZEN 



divisions of 

American 

government 



country is composed of united states, the states 
therefore being essential parts of this nation. In 
studying the government of our country, we must 
not forget on the one hand that the states are essen- 
tial to the Union — that the Union cannot exist with- 
out the states — and on the other hand, that the 
states are simply parts of the Union and have no 
existence except as parts of the United States. As 
a learned chief justice of the United States Supreme 
Court has said, ours is " an indestructible union of 
indestructible states." On this account we should 
The two sub- distinguish carefully between the two great subdi- 
visions of our government, first the national govern- 
ment, and second the system of state governments. 
We should study each separately in order to under- 
stand what work it performs, but we should also 
note carefully that each is after all but a part of a 
whole, that each is incomplete without the other, 
and that the two have but one object — the govern- 
ment of the American people. 

150. Powers of the National Government. — The 
Constitution of the United States gives a list of the 
subjects on which laws may be made by our national 
government. But unless a power is conferred on 
the national government, it must be left to the states. 
Among the powers which our Congress may use are 
the following. Taxes may be levied either in the 
form of duties on imported goods or of excises 
on articles manufactured within the United States. 
Money may be borrowed on the credit of the United 
States, and money may be coined under the direc- 



Enumerated 
powers of 
Congress. 



CONSTITUTION OF THE UNITED STATES 143 

tion of the government. Congress regulates foreign 
commerce and commerce between the states. It has 
the right to declare war, to raise an army, to con- 
struct a navy, and to organize militia within the 
states. It makes uniform naturalization rules ac- 
cording to which foreigners become citizens, and 
makes laws under which patents and copyrights are 
issued. It controls all territory not included within 
the separate states and admits new states into the 
Union. And finally, in order that it may have implied 
powers that it needs but which may not be espe- congres°3^. 
cially mentioned in the Constitution, it may make all 
laws which shall be necessary and proper for carry- 
ing into effect any of the powers mentioned above. 
In addition to these important powers of Congress, 
the national government through the President and 
Senate has the right to make treaties. 

151. Prohibitions on the United States Govern- prohibitions 
ment. — Besides conferring these powers on Cono^ress, ^" ^^^, 

c> ir & ' amendments 

the Constitution mentions certain others which the for the sake 

. ofindivid- 

national government may not use. The most impor- uais. 
tant of these prohibitions are placed on the national 
government for the protection of individuals. Con- 
gress may not establish a state religion nor deny to 
any one religious liberty, freedom of speech and of 
the press, or the right to bear arms. Congress may 
not quarter soldiers on citizens in time of peace nor 
permit their homes to be searched by national officers 
without special warrants which describe the prop- 
erty to be seized. Persons accused of crime in na- 
tional courts must be given every opportunity to 



144 



GOVERNMENT AND THE CITIZEN 



Prohibitions 
in the Consti- 
tution for the 
protection of 
individuals. 



Limitations 
for the bene- 
fit of the 
states. 



Prohibitions 
for the bene- 
fit of the 
national 
government. 



prove their innocence. According to Amendment V, 
no one may be " deprived of life, liberty, or prop- 
erty without due process of law, nor shall private 
property be taken for public use without just com- 
pensation." Slavery or involuntary servitude may 
not be permitted by Congress except as a punishment 
for crime. 

In addition the national government may not grant 
titles of nobility, pass bills of attainder, which de- 
prive persons of life or property by act of legislature, 
nor enact ex post facto laws, which consider as crimes 
offences that were not criminal at the time they were 
committed. Congress is not allowed to define treason, 
for a definition of that all-important word is placed 
in the Constitution itself. The privilege of the writ 
of habeas corpus, which gives an accused person the 
right of immediate trial, may not be suspended except 
in case of great danger. 

There are other prohibitions or limitations less 
closely related to individual liberty, but intended 
rather to protect the states. No export duty can be 
levied by Congress, all duties on imports and internal 
taxes must be uniform throughout the United States, 
and no commercial law must apply to one state which 
does not apply to every other. When a direct tax is 
levied, it must be in proportion to the population as 
given in the last census. 

152. Prohibitions on the States. — Prohibitions have 
been placed upon the states by the national Constitu- 
tion for one of two reasons, (i) To prevent the 
states from interfering with the work of the national 



CONSTITUTION OF THE UNITED STATES 145 

government. (2) To protect citizens of the United 
States from arbitrary action on the part of the state 
governments. In order to protect the government 
of the United States, the states are forbidden to 
make treaties or alliances with other states or foreign 
nations, to have an army or navy in time of peace, to 
levy duties on imports, coin money, emit bills of credit, 
make anything but gold or silver legal tender in pay- 
ments of debts, and pass laws impairing the obligation 
of contract. 

Among the prohibitions or limitations for the pro- Prohibitions 
tection of individuals are the following : No state Action of^' 
shall grant a title of nobility, pass bills of attainder individuals. 
or ex post facto laws. No state shall maintain any 
but a republican form of government, or countenance 
involuntary servitude, except for the punishment of 
crime, or deny the elective franchise to any citizen of 
the United States because of race, color, or previous 
condition of servitude. Finally, no state shall abridge 
the privileges or immunities of citizens of the United 
States, or deprive any person of life, liberty, or prop- 
erty without due process of law. 

TEXT QUESTIONS 

1 . What does the Constitution do for the United States gov- 
ernment ? 

2. What powers did the Second Continental Congress use ? 

3. Give political, financial, and commercial reasons why the 
Confederation failed. 

4. Describe the events leading directly to the Constitutional 
Convention. 

5. What is a compromise ? Why was the Connecticut Com- 

L 



146 GOVERNMENT AND THE CITIZEN 

promise necessary ? What were the provisions of the compro- 
mise ? 

6. What different ways of electing the President were sug- 
gested ? 

7. Why did many people oppose the ratification of the Con- 
stitution ? 

8. How may the Constitution be amended ? How many 
amendments have been adopted since 1 789 ? 

9. Mention the most important powers exercised by the 
national government ? 

10. Give the chief prohibitions placed by the Constitution on 
the United States. 

1 1 . What prohibitions are placed on the states by the Consti- 
tution ? 

12. Explain the meaning of the following terms: "league" 
(§ 140), "elector" (§ 145), "Federalist" (§ 147), "broader in- 
terpretation of the Constitution" (§ 148), "bill of attainder" 
(§ 151), ^^ ex post facto laws" (§ 151), "treason" (§ 151), ">^^- 
beas corpus'''' (§ 151), "legal tender" (§ 152). 

SUPPLEMENTARY QUESTIONS 

1. What temporary unions were formed before 1781 ? (Ash- 
ley, "American Government," §§ 207-212.) 

2. How did the states attempt to injure one another commer- 
cially under the Confederation ? (Fiske, " Critical Period of 
American History," pp. 142-147.) 

3. Did the state selfishness so prominent under the Confedera- 
tion affect the history of the nation -under the Constitution to any 
extent ? To what extent then was the goverjtmejzt under the 
Confederation responsible for the commercial difficulties ? 

4. Was it unfortunate that the Articles of Confederation could 
not be amended except by unanimous vote ? (Consider whether 
the Constitution would probably have been adopted at that time 
if the Articles might have been modified.) 

5. Tell something about the lives of the three men who were 
chiefly responsible for calling the Constitutional convention. 

6. What influence did the Connecticut Compromise exert in 
uniting the large and small states ? 



CONSTITUTION OF THE UNITED STATES 147 

7. Give in greater detail the provisions of the second and 
third compromises. (Ashley, " American Government," §§ 227- 

228.) 

8. Which of the proposed plans for the election of President 
(§ 145) would probably be received with the greatest favor at 
present ? 

QUESTIONS ON THE CONSTITUTION 

1. How many articles are there in the Constitution proper? 
How many amendments have been adopted ? 

2. Memorize the preamble. 

3. With what subject does Article I deal ? 

4. How often are representatives chosen ? Who may vote for 
representatives ? Who may be selected ? (Art. I, § 2.) 

5. For what term are senators elected ? What are the mini- 
mum quahfications of senators ? (Art. I, § 3-) 

6. When does Congress meet ? (Art. I, § 4, cl. 2.) To what 
extent does each house regulate its own affairs ? May the Senate 
expel a member without giving a reason for doing so ? (Art. I, 

§ 5-) 

7. What is the process of making laws ? (Art. I, § 7-) 

8. Learn the eighteenth clause of Art. I, § 8. 

9. How is Congress prevented from abusing its power of 
spending money ? (Art. I, § 8, cl. 12, § 9, cl. 7.) 

10. May the President or a congressman accept a present from 
the king of England ? (Art. I, § 9, cl. 8.) 

11. What is the President's term of office ? May a foreigner 
be elected President ? May a man thirty years old be chosen for 

that office ? (Art. II, § i, cl. i, 4-) . . . 1 ^ . 

12. May the President's salary be increased or diminished dur- 
ing his term of office ? (Art. II, § i, cl. 6.) , , ^ , 

13. What are the principal powers of the President? (Art. 

' 14. Vay the President appoint an ambassador to France with- 
out consulting the Senate ? (Art. II, § 2, cl. 2.) 

15 How are treaties made ? (Art. II, § 2, cl. 2.) 

16 How are new states admitted to the Union? Can Congress 
create a state of South California without consulting the Cali- 
fornia legislature ? (Art. IV, § 3, cl. i.) 



148 GOVERNMENT AND THE CITIZEN 

17. Can the publication of an ordinary newspaper be pro- 
hibited by Congress ? (Amendment I.) 

18. May a person be tried twice for the same offence? 
(Amendment V.) 

19. Can Congress authorize the hanging of a person for steal- 
ing ? (Amendment VIII.) 

20. What change did Amendment XII make in the method 
of electing the President? (Compare it with Art. II, § i, cl. 2.) 

21. What was the purpose of the Thirteenth Amendment ? the 
Fifteenth ? 




The Senate Chamber. 




The Hall of Representatives. 



CHAPTER XIV 

CONGRESS 

153. The Two Houses. — Having seen how the Con- Composition 
stitution of the United States was adopted and what 
relations it has estabHshed between the nation and 

the states, we shall now consider a little more in 
detail how Congress is composed and how it acts. 
As we noticed in the preceding chapter, Congress is 
the body that makes the laws. It is composed of two 
parts or houses. One of these is called the Senate, 
and consists of two senators from each state elected 
by the state legislature for a term of six years. At 
present it has ninety members, as there are now 
forty-five states in the Union. 

The other house, called the House of Representa- Composition 

. • • J r , ,- 1 of the House. 

tives, IS made up of representatives chosen every 
second year by popular vote in districts into which 
the different states are divided. The number of dis- 
tricts in any state depends on its population, but each 
state has at least one representative. The number at 
present is three hundred and eighty-six, six states 
having but one each, and New York having thirty- 
nine members in the House, as this branch of Con- 
gress is usually called. 

154. The Sessions of Congress. — Whenever a House How con- 
of Representatives gives place to a new house, once numb^ered. 

149 



ISO 



GOVERNMENT AND THE CITIZEN 



Long and 

short ses- 
sions. 



Special ses- 



Procedure 
the legis- 
latures. 



in two years, we have a new Congress. For example, 
the Fifty-seventh Congress lasted from March 4, 1901, 
to March 4, 1903, being replaced on the second date 
by the Fifty-eighth. 

Each Congress has two regular sessions, one of 
which begins on the first Monday of December after 
the Congress comes into existence — that is thirteen 
months after the representatives were chosen — and 
continues into the following summer until the chief 
bills have been passed or postponed. This is called 
the long session. The second or short one begins on 
the first Monday of December of the even-numbered 
years and closes the 4th of March, when the Congress 
expires by limitation. 

Special sessions may be called by the President 
whenever he may consider it necessary. When this 
is done, a proclamation is issued giving the date when 
Congress shall meet in extra session and setting forth 
the reasons for its meeting. 

155. Election of Senators. — As the senators are 
supposed to be the special representatives of the 
states in the national government, they are chosen 
by the respective state legislatures. Since 1866, the 
methods used by the legislatures in senatorial elec- 
tions have been the same throughout the United 
States. On the second Tuesday after the meeting of 
a state legislature upon which the election devolves, 
the members of the separate houses are to name 
by viva voce vote their choice for the position, and a 
joint session is to be held the next day, a majority of 
each house being present. If no one is elected on the 



CONGRESS 151 

first ballot, joint sessions are held daily at noon until 
a senator is selected, a majority being necessary to 
elect. Sometimes the legislature fails to agree upon 
a candidate, and disagreement may even be carried 
so far that the state has no representative in the 
United States Senate, as was the case with Delaware 
in 1902. 

When a vacancy occurs by death or resignation Vacancies, 
during the recess of the legislature, the governor 
may appoint some one until the next legislature 
shall choose a senator in the way just described. 
But when a legislature has failed to elect a senator 
and the governor makes an appointment for the 
vacancy, the Senate refuses to admit the appointee 
as a member. 

156. Proposed Changes in the Election of Sena- Reasons for 

, , the proposed 

tors. — During the last decade there has been a change. 
widespread and constantly growing demand for a 
change in the method of electing senators. Four 
successive Houses of Representatives have passed, 
by almost unanimous votes, resolutions which pro- 
pose to amend the United States Constitution in order 
that senators may be chosen by popular vote, but the 
resolutions have never been discussed in the Senate. 
As a means of avoiding the protracted contests over 
senatorial elections in the legislatures, which are be- 
coming more common and seriously interfering with 
state business, and as a preventive of possible bribery, 
popular election would undoubtedly be a success. 

157. The Election of Representatives. — As the 
number of representatives from any state depends 



152 



GOVERNMENT AND THE CITIZEN 



Arranging 
congres- 
sional dis- 
tricts. 



on its population, a census is taken every ten years, 
after which Congress decides the number of mem- 
bers to which each state is entitled. The states are 
then divided by their legislatures into districts which 
Congress says must contain as nearly the same popu- 
lation as possible and be compact and contiguous. 




BORMAY ^ CO., N.Y. 



" Gerryman- 
dering." 



Congress is very particular on this point because 
some of the state legislatures attempt to divide their 
states into irregular-shaped districts which will give 
to the political party in power a larger number of 
members from that state than would be chosen in 
regular and " compact " districts. This practice of 
arranging districts so as to give one party more 
representatives than it deserves, which as we noticed 
in § 123 is called "gerrymandering," has been used 
extensively by unscrupulous politicians. 



CONGRESS 



153 



Within these districts elections are held on the Candidates 
Tuesday after the first Monday in November of the ^""^ ^''^^'^^ 
even-numbered years. No one can be chosen a 
representative unless he is a resident of the state, at 
least twenty-five years of age, and has been a citizen 
of the United States at least seven years, for the 
national Constitution expressly states that these shall 
be the minimum qualifications of representatives. 
No one may vote for a representative unless he is 
allowed by the laws of his state to vote for members 
of the state legislature. 

158. The Privileges and Disabilities of Congress- Privileges of 
men. — While Congress is in session, its members ^°eT^^^" 
are privileged persons in order that they may not 

be prevented in any way from taking part in the 

task of making laws. They may not be arrested 

except for such serious crimes as treason or felony 

or for actual breach of the peace. That they may 

be free to speak without fear of restraint they are 

responsible to their House alone for whatever they 

may say or do in either house of Congress. 

_ Because of their position in Congress, members Disabilities 

are not allowed to hold any other office under the men^."^'^^^^ 

government of the United States. Neither may 

they be appointed to any office created during their 

term, or to any office the salary of which has been 

increased since their last election. This effectually 

prevents them from making positions to be filled by 

themselves when their term shall expire. 

159. The Pay of Congressmen. — In England and Salaries and 
in some other countries, members of the national 



154 



GOVERNMENT AND THE CITIZEN 



legislature are not paid, as it is thought a less selfish 
set of men will be secured if no money inducement 
is offered. As this country has a comparatively 
small leisure class, congressmen have always re- 
ceived remuneration for their services. At present 
the annual salary is $5000, with extra allowances 
for secretaries and for traveling expenses, and the 
privilege of sending free large quantities of seeds 
or government publications, which are furnished to 
them without expense to themselves. 



Introduction 
of bills. 



A bill in 
committee. 



Report and 
discussion. 



The three 
methods. 



160. The First Step in Legislation. — In order to 
become laws, bills must be passed by both houses of 
Congress and approved by the President. Bills are 
first introduced in either the Senate or the House, 
the process in the House being to deposit the bill 
on a specified day in a box provided for that pur- 
pose. The bill is then sent to the committee which 
has charge of all matters similar to that presented in 
this bill. As it is only one of hundreds, it m.ay be 
ignored entirely by the committee, or it may be dis- 
cussed briefly and then dropped. If the committee 
is interested in this measure, or if its importance 
demands a report, the bill is at length reported to 
the house, which will consider it if time permits and 
the bill seems to deserve consideration. Attended 
by good fortune, it may have been read three times 
in full or by title, have been discussed and possibly 
amended, and finally come to a vote. 

161. How Votes are Taken. — This vote may be 
taken simply by calhng for the ayes and noes, the 



€an^m at % InileJr Bm of America; 

•nd Wa at the City of Washington on Monday, the fiat dnjr of Decembtf, ont 
thoi]san4 nine hnndred and twa 



To establiBh Portal, North Dakota, a subport of entry and extend thereto the 
priyileges of the first sectioa of the Act approved June 'eenth, eighteen 
hundred and eighty. 



Be it enacted by the Senate and House of Bepresentatwes qf the United 
Slates of America in Congress assembled, That Portal, North Dakota, be, and is 
hereby, designated a subport of entry in the cnstoms conection district of North 
and South Dakota, jjnd that the privileges of the first section of the Act 
approved June tenth, eig;hteen hundred and eighty, entitled "An Act to amend 
the statutes in relation to the immediate transportation of dutiable goods, and 
fw other pniposes," bo^ i»ad the same are hereby, extended to said subport 







Speaker ofthfi House of Bepresentativea. 



Preaidmt qfthe SemMefro tempore. 



The Form of a Law. 



156 GOVERNMENT AND THE CITIZEN 

presiding officer deciding from the sound whether 
the measure has passed. A rising vote may be 
taken, or, if one fifth of the members wish to have the 
roll called, the clerk reads the names of the members 
alphabetically, the vote of each being recorded. When 
the roll is called unexpectedly, there is always an inter- 
esting hunt for the members of the house who may 
be in the building, but not in the legislative hall. A 
majority of those present is necessary in any case for 
the passage of the bill. 
How vetoed 162. The President's Veto. — When the bill has been 

bills may be- , , , . . „ , 

come laws. passed by one house, it must follow the same rou- 
tine in the other, and, if approved by that body, it is 
sent to the President for his signature. The Presi- 
dent usually signs the bills presented to him, but if, 
for any reason, a measure is disapproved by him, he 
may return it to the house in which it originated, 
with the reasons for his failure to sign. This is~ 
called the " veto " from the Latin word meaning " I 
forbid." Vetoed bills can become laws only when 
approved a second time and by two thirds of those 
present in each house. Because it is always diffi- 
cult to get two thirds of the members to vote for 
most measures, and because the President's reasons 
for vetoing the bill will influence many to vote 
against it, few bills are ever carried against the wish 
of the chief executive. Vetoes are not frequent, how- 
ever, and several Presidents have held office for four 
or even eight years without using their right of veto 
a single time. 

Bills which the President neglects or refuses to 



CONGRESS 157 

sign within the ten days allowed by the Constitution Neglected 
become laws without his signature, provided Con- 
gress has not meanwhile adjourned. For if Congress 
adjourns and does not give the President ten days 
for the return of a bill, it deprives him of the oppor- 
tunity to use the veto. On that account bills passed 
within ten days of the close of any session fail unless The pocket 
actually signed by the President. When the Presi- 
dent prevents a measure from becoming a law in this 
way simply by refusing to sign it, he is said to have 
used the *' pocket veto." 

163. Observations on the Making of Laws. — No one The problem 

1.1 1 r 1 -T- .. of handling 

can complam that we have too few laws, iwenty- the large 
eight hundred was the number passed during the ^|jj^^^''°^ 
last Congress, which held but two sessions. Yet 
seven eighths of the bills introduced in Congress 
during those two years failed to become laws. Many 
of the measures which were passed were unimpor- 
tant private bills which took up little time, but when 
we consider the number of bills on questions of great 
public interest that must be considered, we can see 
that neither house can devote very great attention to 
any measure, but must rely on the committee which 
has it in charge. If the committee's report is favor- 
able to the bill, it may be passed without discussion 
or consideration. 

Of the methods used to secure the passage of bills, use of the 
two are particularly interesting. When a partisan 
measure has been introduced, and it is desirable to 
get for it the vote of every member of the party, 
a ''caucus" or meeting of all the members of that 



caucus. 



158 



GOVERNMENT AND THE CITIZEN 



Log-rolling. 



Importance 
of the com- 
mittees. 



Size and 
membership 
of the com- 
mittees. 



party is called to discuss the bill. Whatever action 
the caucus favors will be binding on all of its party 
members in attendance at the meeting. 

Votes for measures of local interest are obtained 
by what is known as " log-rolling," on the principle 
that " I shall help you with your bill, if you will help 
me with mine." 

164. The Committees. — As nearly twenty thousand 
bills are introduced during every Congress, most of 
them can be considered only in the committees, of 
which there are over fifty in each house. The in- 
fluence of the committees in law making can be seen 
readily from the preceding sections, since it is pos- 
sible for them to defeat a bill simply by ignoring it. 
More than once pet measures of one house have 
been sent to the other, only to be '* killed in com- 
mittee." Furthermore, on account of the large num- 
ber of bills reported, only those are likely to be 
considered which a committee especially favors. So 
important is the part played by the committees in 
legislation that many people say that we have a 
"government of committees." 

In size committees vary greatly. The most impor- 
tant committee in Congress, the Committee on Rules 
in the House, which decides what bills shall be dis- 
cussed by that body, consists of only five members. 
Most of them are much larger, and some have as 
many as seventeen members. The majority on all 
committees of the House and on most committees 
in the Senate belong to the political party which has 
the most members in those chambers. On that 



CONGRESS 159 

account, if the Republicans have a majority in the 
House, no party measure favored by the Democrats 
is ever Hkely to be reported by a committee, the 
majority of whose members are Republicans. 

165. The Speaker of the House of Representatives Position of 
has more power than any other person in Congress. * ^ ^^^ ^^' 
His power is in fact greater than that of any other gov- 
ernment ofificial except the President. The Speaker 

is a member of the House, who has been chosen by 
the party in power to preside over its meetings. He 
is, therefore, the great leader of his party among 
the representatives. His chief powers are four in 
number, (i) He appoints all of the committees and 
selects their chairmen. (2) When bills are intro- Powers of 
duced, he assigns them to the committees. This ^^ ^^^ ^^ 
gives him an opportunity if the bill might be sent to 
either of two committees to select the one most likely 
to report such a bill as he desires. (3) No one can 
speak in the House, unless he receives permission 
from the Speaker. The House does not follow the 
custom used in clubs that the first person addressing 
the chair shall be allowed the floor, and the Speaker 
may therefore give his friends every advantage. 
(4) He is the chairman of the Committee on Rules, 
the most powerful of the House committees. 

166. Impeachment Cases. — In addition to the part 
which each house takes in the making of laws, it 
has certain special powers not enjoyed by the other 
chamber. In the case of impeachment, tor example, Special 

^ powers of 

the powers of the houses are different. Impeach- the houses. 



i6o 



GOVERNMENT AND THE CITIZEN 



What im- 
peachment 



IS. 



Trial of the 
impeach- 
ment cases. 



Use of im- 
peachment. 



I mpeach- 
ment of 
President 
Johnson. 



ment is the process of bringing charges against pub- 
lic officials who are believed to be guilty of " treason, 
bribery, or other high crimes and misdemeanors." 
The men who framed the Constitution (§§' 143-146) 
thought that Congress must have some check on 
the executive officials of the government and on the 
judges to prevent corruption or abuse of power. 
They gave to the House of Representatives the right 
to impeach, that is, bring charges against, any civil 
officer of the United States. The case is tried in the 
Senate, which sits as a court and hears the testimony 
for and against the official. Two thirds of the sen- 
ators" present must vote for his conviction to prove 
him guilty; but if convicted, he is removed from 
office and prevented from holding any other office 
of trust or profit under the United States. 

167. History of Impeachment. — During the one 
hundred and fifteen years since the government was 
organized, only seven persons have been accused by 
the House, and of these but two were declared guilty 
in the Senate. As the distinguished English states- 
man, Mr. James Bryce, has said, " Impeachment . . . 
is the heaviest piece of artillery in the congressional 
arsenal, but because it is so heavy, it is unfit for or- 
dinary use." Of the historical impeachment trials, 
the one of President Andrew Johnson in 1868 was 
especially noteworthy. The feeling in Congress 
against the President was bitter because he advo- 
cated a reconstruction policy distasteful to the law- 
making branch, and be&ause of offensive language 
used concerning Congress, yet less than two thirds 



CONGRESS l6l 

of the senators favored his conviction, and Johnson 
was acquitted. 

168. Executive Sessions. — The most important Procedure 
special powers of the Senate relate to the ratification ^nd appoint- 
of treaties and the confirmation of appointments, "i^^ts. 

As the treaties and appointments are made by the 
President, and as these matters are usually consid- 
ered in secret, the Senate holds what are called 
"executive sessions." When the draft of a treaty 
is sent by the President to the Senate, the galleries 
of the Senate chamber are cleared, the doors are 
closed, and the senators express their sentiments 
with greater freedom than under ordinary circum- 
stances. As it may be advisable to keep secret many 
provisions of a treaty, discussion behind closed doors 
is necessary to protect the interests of the United 
States. It is difficult, however, to keep these pro- 
ceedings entirely secret, and the public usually knows 
within a short time much about what was done in the 
executive session. 

In order to ratify a treaty, two thirds of the sena- Vote on 
tors must vote for it, but when the President selects a'lJpofnt-^" 
a public official, a majority of the Senate may con- ments. 
sent to his appointment. 

169. Financial Bills. — The most important of the Bills for 
special powers of the House is that which permits it gnue!^ ^ 
to propose all bills for the raising of revenue. The 
Senate may amend these bills, but the House devotes 
more time to financial measures than to any other 
kind. Bills for the raising of revenue are referred to 

the Committee on Ways and Means. When a new 

M 



l62 GOVERNMENT AND THE CITIZEN 

tariff is desired, this committee proposes a list of im- 
ported articles to be taxed, and suggests the rates to 
be paid on each. Although the bill may be greatly 
altered in the House and in the Senate, the tariff is 
usually named after the chairman of the Ways and 
Means Committee. For example, the tariff proposed 
by William McKinley in 1890, as chairman of this 
committee, is known most commonly as the McKinley 
Tariff. 
Appropri- The Housc spcnds a great deal of time considering 

ation bills. i mi ^i ^ • -^^ r ■, 

bills that appropriate money. Many of the expenses 
of the government are about the same every year, 
for example, the salaries of government officials and 
employees ; but many others depend on the wishes 
of Congress, as the amount that shall be appropriated 
for new battleships, or for pubUc buildings, or for 
river and harbor improvements. If the revenues per- 
mit. Congress is Hkely to be extravagant in expending 
money. 

TEXT QUESTIONS 

1. How does the term of a senator compare with that of a 
representative? How does the Senate compare in size with the 
House? 

2. How many regular sessions has each Congress? When do 
they begin ? Who may call extra sessions ? 

3. How are senators elected? Why do so many people favor 
the election of senators by popular vote? 

4. Does the arrangement of congressional districts and the 
election of congressmen differ from the arrangement of legislative 
districts and the election of legislators ? (§§ 123, 124.) 

5. What special privileges has a congressman? What salary 
and financial advantages does he have ? 

6. In what different ways are votes taken on a bill ? 



CONGRESS 163 

7. What is the difference between the ordinary veto and the 
pocket veto ? 

8. Why are committees necessary in transacting pubUc busi- 
ness? 

9. Why is the Speaker of the House second in power to the 
President ? 

10. Describe the purpose, process, and effect of impeachment? 

11. What executive business is transacted by the Senate? 

12. How does the House raise a revenue? To what extent 
are the expenditures of Congress controlled by the House ? 

13. Explain the following terms: "proclamation" (§154), 
^^ viva voce vote'''' (^ 155)7 " gerrymandering " (§ 157), "adjourns" 
(§ 162), "pocket veto" (§ 162), "caucus" (§ 163), "log-rolhng" 
(§ 163), "killed in committee" (§ 164), "impeachment" (§ 166), 
"executive sessions" (§ 167), "appropriation bills" (§ 169). 

14. Explain the expressions : " Congress expires by limita- 
tion" (§ 154), "As a preventive of possible bribery, popular elec- 
tion would undoubtedly be a success " (§ 156), "As this country 
has a comparatively small leisure class" (§ 159). 

SUPPLEMENTARY QUESTIONS 

1. What is the number of the present Congress? When were 
the representatives in the present House chosen? 

2. Who are the senators from this state? When do their 
terms expire? How long have they represented us in the Senate? 
(" Congressional Directory.") 

3. Name several senators of prominence. Have any senators 
served in that body more than twenty-five years? ("Congres- 
sional Directory.") 

4. How many members of each political party are there in the 
Senate and in the House? (Newspaper Almanacs.) 

5. On the working and influence of the Senate, consult Bryce, 
"American Commonwealth," abridged edition, pp. 83-93. 

6. How many congressional districts are there in this state? 
In which one do you live? Which counties (if more than one) 
are comprised in it? (Newspaper Almanacs.) 

7. To what professions do the representatives belong? (Bryce, 
"American Commonwealth," abridged edition, pp. 97-98.) 

8. How does the House do its work? (Bryce, "American 
Commonwealth," abridged edition, pp. 108-114.) 



1 64 GOVERNMENT AND THE CITIZEN 

9. What influences have the greatest effect on Congress? 
(Hart, "Actual Government," § 115.) 

10. Some humors of Congress are described in Century Mag- 
azine^ LXV (1903), pp. 760-768, 938-945. 

11. The committees and their work. (Bryce, "American 
Commonwealth," abridged edition, pp. 11 5-1 19.) 

12. Show why we have a "government of committees." 

13. Who is the Speaker of the House? What chairmen of 
committees are especially prominent? 

14. How are impeachment cases tried, and what trials have 
been important? (Harrison, "This Country of Ours," pp. 148- 
158.) 

15. What was the reconstruction policy advocated by Presi- 
dent Johnson? by Congress? (Channing, "Student's History 
of the United States," §§ 379, 382.) 

16. On the treaty-making power of the Senate, consult Scrib- 
ner's Magazine, XXXI (1902), pp. 33-43. 




o 

H 

M 

w 
w 



nence. 



CHAPTER XV 

THE PRESIDENT AND HIS CABINET 

170. The President's Position and Power. — To Reasons for 

be President of the United States has for over a cen- iJiUr""'' 
tury appealed to the boys of this country as the ful- 
fillment of their greatest desire. And it is surely a 
noble ambition that seeks to obtain the highest office 
within th? gift of the American people. The Presi- 
dent of the United States, chosen by his fellow-citi- 
zens to the most exalted position in the land, the 
representative of the nation's power and dignity in all 
international relations, the commander in chief of our 
army and navy, and the head of our national govern- 
ment in times of peace, is little inferior in authority 
to the greatest of crowned monarchs, and occupies 
the position of greatest honor among the rulers of 
the nations. 

171. The Meeting of a Nominating Convention. — selection of 
Presidential elections occur every four years on leap 
years, the people in the different states voting for 
candidates nominated for the office by political party 
conventions (§ 28). In the early summer of the 
presidential years, the conventions meet usually in 
one of the larger cities of the central states. The 
delegates who attend these conventions come from 
every state in the Union and from the territories, 

165' 



delegates. 



l66 GOVERNMENT AND THE CITIZEN 

each state electing twice as many as it has members 
of Congress. In round numbers a thousand delegates 
gather on the floor of the convention hall, each state 
seated by itself, with banners to mark its location. 
The remainder of the hall, often seating ten thousand 
people, is filled with enthusiastic throngs ready to 
cheer their favorites. 
The process 172. The Nomination of Presidential Candidates. — 
tion!'"''''^' The two important duties of the convention are the 
adoption of a " platform," which is a formal state- 
ment of the party's principles, and the selection of 
the candidates. The first invariably precedes the 
second. Then begins the contest for the selection of 
the party's nominee. Sometimes only one name is 
suggested for the nomination, as was the case when 
Theodore Roosevelt was nominated by the Republi- 
can convention of 1904. More often eight or ten 
names are presented in laudatory speeches which are 
received with prolonged cheering in the galleries. 
The roll of the states is called then alphabetically, 
ballots being taken until some one has a majority of 
the whole number cast, or two thirds in the Demo- 
cratic convention. At times no choice can be made 
from the principal contestants for the position, and 
after many futile ballots, a new man or *' dark horse " 
is brought forward and receives the honor. 
Practical and The pcrson choscu may be a statesman of recog- 
tionaiquaii- ^^ized Standing and experience, but almost as fre- 
fications of quently the prize is given to a prominent general or 

C3.ncllQcitCS, 

to a comparatively unknown man who has played a 
minor role in public affairs. As the constitution re- 



THE PRESIDENT AND HIS CABINET 167 

quires that the President shall be a native-born citizen 
of the United States, at least thirty-five years of age, 
and a resident of the United States at least fourteen 
years, no one lacking those quaUfications is ever 
named. 

The selection of a candidate for the vice presidency vice-presi- 
usually gives little trouble, the leader of a minor d^Ites ''''"' 
party faction or the favorite son of a close state 
often being chosen. 

173. The Election of a President. — Following the The two 
nomination, there are two steps in the election of ejection ^^^ 
a President. The first takes place on the Tuesday 
after the first Monday of November, when the voters 
in the different states choose presidential ** electors " 
who equal in number the senators and the representa- 
tives from their state. The second occurs two months 
later, the " electors " meeting at their respective state 
capitals and forwarding their votes for President and 
Vice President to Washington, where they are counted 
in the presence of both houses of Congress by the 
president of the Senate. 

Popular interest of course centers in the November The election 
election, because the proceedings after that time are ^^"^P^^sn. 
formal in nature. For several months preceding the 
election, partisan speakers have been addressing 
audiences in every city and village, thousands of 
cartoons have been sent out, and millions of campaign 
circulars distributed. Clubs have been organized, 
parades and other demonstrations given, and house 
to house canvasses made to learn how each man will 
vote. Every effort is made by the permanent party 



1 68 



GOVERNMENT AND THE CITIZEN 



Election by 
the House of 
Represent- 
atives. 



The Inaugu- 
ration. 



" Third term 
tradition." 



committees (§30) to insure the election of their can- 
didates. When election day comes, those may vote 
who are permitted to vote for members of the legisla- 
tures in the different states, since there is no national 
election law. 

If no candidate for President has a majority of the 
four hundred and seventy-six " electors," the House 
of Representatives chooses one from the three can- 
didates who had the largest number of votes, the 
representatives from each state having one vote, and 
a majority of all the states being necessary to elect 
the President. When the " electors " fail to choose 
a Vice President, the Senate selects one from the two 
candidates who have the largest vote. 

174. The Inauguration, Term, and Salary of the 
President. — On the 4th of March following his 
election the President-elect is inaugurated. Before 
an immense throng the oath of office is administrated 
by the Chief Justice of the Supreme Court. It is in 
this form, "I do solemnly swear (or affirm) that I 
will faithfully execute the office of President of the 
United States, and will, to the best of my ability, pre- 
serve, protect, and defend the Constitution of the 
United States." This ceremony is followed imme- 
diately by the President's inaugural address. 

The President remains in office for four years, but 
may be reelected for another term. In fact there is 
nothing in the Constitution or the laws of the United 
States which would prevent any President from hold- 
ing office a third term. But Washington and Jeffer- 
son, for personal reasons, refused a third term, and 






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THE PRESIDENT AND HIS CABINET 169 

there exists a remarkably strong prejudice against 
retaining any President in office longer than eight 
years. 

The President receives a salary of ^50,000 a year, Salary of the 
in addition to the use of the White House and the P'^^^^'^^^*- 
necessary expenses of maintaining that executive 
mansion, not including any personal or family ex- 
penses, however. 

175. The Presidential Succession. — If a President The vice 
dies during the term for which he has been elected, ^^^^ ^" * 
his place is taken by the Vice President who was 
chosen at the same time. The vice presidency was 
really created for that purpose, although the Vice 
President also presides over the sessions of the 
Senate, a position of considerable dignity but of 
comparatively little power. 

Five times during our history has a Vice President Succession 
been called upon to assume presidential duties be- officials."^ 
cause of the death of the chief executive, but never 
have both the President and Vice President died dur- 
ing the same term of office. As that might occur, 
there is a law providing that in case of the death 
of both, the Secretary of State shall fill the office 
of President, until a new President can be chosen, 
and after the Secretary of State, the Secretaries of 
Treasury, War, Navy, and other members of the 
Cabinet shall be eligible. 



176. The Military Power of the President — The Control of 

President is by virtue of his office the commander in taJy'lL'irs!' 
chief of the American army and navy. Being states- 



170 



GOVERNMENT AND THE CITIZEN 



Preservation 
of internal 
peace. 



Presidential 
offices. 



Double 
system of 
appointment 
and its 
results. 



men more often than generals, our Presidents usually 
leave the direction of military affairs to their Secre- 
taries of War and to the leaders of the army. But 
the wishes of the President often overrule those of 
his generals, although no President has ever yet 
taken personal command of an army when hostilities 
occurred during his term. The President is not 
allowed to declare war, as the Constitution permits 
Congress to do that, but he may bring on a conflict 
by commanding the army to attack a foreign power. 

United States troops may be called forth by the 
President in time of disorder to protect government 
property or to permit the carrying of the United 
States mails. This is often done in times of wide- 
spread strikes affecting many lines of railways. The 
President may also call out the militia to aid the 
regulars on such occasions. 

177. Appointments made by the President. — As 
soon as the result of a presidential election is known, 
the successful candidate is besieged by applicants for 
positions. As the President is allowed to nominate 
over five thousand officials to places of importance, 
the demand made upon his time by those who desire 
office is very great, especially during the months fol- 
lowing his inauguration. But the nomination is only 
the first step, for every nominee must be approved 
by the Senate before he is appointed. This relieves 
the President of a large part of the work in selecting 
nominees, as often the senators decide whom they 
wish in an office located within their own states, and 
ask the President to appoint the men of their choice. 



THE PRESIDENT AND HIS CABINET 171 

This also reduces to a great extent the real power of 
the President in appointment, for a friend of his can 
often be selected for positions within a state only in 
case he meets with the approval of the senators from 
that state. This double system of appointment is 
objectionable for the additional reason that we can- 
not always tell who is to be praised for the selection 
of a good man or blamed for the appointment of one 
that is incompetent. 

178. The Spoils System and the Civil Service Com- Extension of 
mission. — Our first Presidents made appointments fstem'^^ 
chiefly for fitness ; but, after the election of Jackson 
in 1828, every President removed many officials, 
appointing members of his party to the positions 
made vacant. The reason given was that no Presi- 
dent could do good work unless his subordinates held 
political views like his own and worked with him, but 
the real reason, as one of Jackson's followers said, 
was their belief that " to the victors belong the spoils." 
From this remark came the name of " the spoils 
system," which has since been applied to the system 
of turning out yeur opponents to make place for 
your friends. After Jackson's time, the spoils sys- 
tem grew in favor until it became customary for 
an incoming President and his followers to remove 
almost every government official and employee 
appointed by the other political party. Since the Results of 
persons selected for these offices did not usually system, 
have any training for their work and were often 
unfit for responsible positions, the United States 
became noted for the inefficiency of its employees. 



1/2 



GOVERNMENT AND THE CITIZEN 



reform. 



Before 1867. 



In time, the civil service of our country became so 
Civil service poor that the people demanded a change. After one 
or two ineffectual attempts at reform, Congress, in 
1883, passed the Pendleton Bill, which provided for a 
Civil Service Commission to examine applicants for 
positions. Only a few places were filled by competi- 
tive examinations at first, but the number has con- 
stantly increased until now more than one half of 
the persons connected with our national government 
are appointed solely on merit. 

179. The President's Power of Removal. — The 
Constitution does not state how removals shall be 
made, but by custom it is now left exclusively with 
the President, although for twenty years officials 
could be removed only with the consent of the 
Senate. Having so much influence in appoint- 
ments, the Senate would naturally wish to be con- 
sulted in removals as well. The First Congress, 
however, passed a resolution which declared that 
the President was not obliged to obtain the consent 
of the Senate. This practice remained unchanged 
until, in 1867, Congress passed the famous Tenure 
of Office Act, requiring the indorsement of the Sen- 
ate for both removals and appointments. In 1887 
this law was repealed, and the power again given to 
the President alone. When an official resigns or is 
removed during a recess of the Senate, his successor 
may hold office without confirmation until the close 
of the next session of Congress. 

180. Presidential Messages. — Whenever Congress 
meets in regular or special session (§154), the Presi- 



The Tenure 
of Office Act 



The annual 
message. 



THE PRESIDENT AND HIS CABINET 173 

dent sends to the two houses a message on public 
affairs. The messages sent at the beginning of the 
regular sessions in December are very long docu- 
ments which contain a great deal of information 
regarding the foreign relations of the United States 
or other public matters which have been prominent 
during the preceding year. Suggestions are usually 
made regarding laws most needed by the country, 
but, of course, Congress is not in any way bound to 
follow the suggestions unless it chooses to do so. 

The special messages usually deal with one subject Special 
only. They may be submitted at the beginning of "^^^^^^es. 
special sessions, or may be sent at intervals when 
the President wishes to communicate with Congress. 
Congress is not easily influenced even by special 
messages except on rare occasions. For instance, 
when in the spring of 1898 the people were eager 
for war with Spain, and President McKinley asked 
for $50,000,000 to be used in rendering the army 
and navy more efficient, the money was voted with- 
out delay by unprecedented majorities. 

181. Miscellaneous Powers of the President. — Our Executive, 
President has charge of all negotiations with foreign a?rjudidai 
nations.^ He sends and receives ambassadors, and powers. 
makes treaties, which become part of the law of the 
United States when ratified by two thirds of the 
Senate. He may call special sessions of Congress, 
and may adjourn that body if the two houses cannot 
agree on a time. He may veto bills which can be 
repassed only by a two thirds vote of both houses.^ 
1 § 200. 2 § 162. 



1/4 



GOVERNMENT AND THE CITIZEN 



He may grant reprieves to offenders and may pardon 
any one who has been convicted of breaking a 
national law, except in the case of officials convicted 
after impeachment. 



Members of 
the Cabinet. 



Duties of the 
Cabinet, 



Action on 
important 
and unim- 
portant 
subjects. 



182. The President's Cabinet. — The President is 
aided in the execution of all laws by a set of nine 
officials selected by himself and known as his 
Cabinet. These men are the Secretaries of State, 
Treasury, War, Navy, Interior, Agriculture, and 
Commerce, the Postmaster-General and the Attorney- 
General.^ Twice a week they meet in the executive 
offices at the White House and discuss important 
public questions. But they do no more than advise 
the President, for he is not compelled to heed their 
advice, and, if it seems to him best, he may follow 
a pohcy the exact opposite of the one proposed or 
favored by his Cabinet. But as these men were 
chosen by him for their positions, and are therefore 
in sympathy with his general pohcy, it is unusual for 
a President and his Cabinet to disagree. 

183. The President and the Heads of Departments. 
— Each secretary is allowed to carry on the work of 
his department in his own way, because most of his 
duties are connected with matters of detail. The 



1 The departments were organized in the following order : the 
Department of State, July 27, 1789 ; the Department of the Treasury, 
September 2, 1789 ; the War Department, August 7, 1789 ; the Post 
Office Department, May 8, 1794; the Navy Department, April 30, 1798 ; 
the Interior Department, March 3, 1849 ; the Department of Justice, 
June 22, 1870 ; the Department of Agriculture, February 9, 1889 ; 
the Department of Commerce and Labor, February 14, 1903. 



THE PRESIDENT AND HIS CABINET 175 

President naturally insists that his wishes shall be 
followed in regard to all subjects of importance, in 
order that the Cabinet shall have one policy and not 
nine. In minor matters he is likely to yield to the 
preference of the secretary if there is any difference 
of opinion between them. " The habit is to give an 
afternoon to each cabinet officer on a fixed day of the 
week. These meetings are mainly given up to the 
consideration of appointments, but, if any other mat- 
ters are pending, and deemed by the secretary of 
sufficient importance, they are presented and dis- 
cussed. The cabinet officer is chiefly entitled to the 
credit if his department is well administered, for 
most things he transacts on his own responsibility. 
His labors are incessant and full of care." ^ 

184. The Older Executive Departments. — The Be- The Depart- 
partment of State enjoys the honor of being placed first g^^"^ °^ 
among the executive departments, its secretary being 
the first among the Cabinet officers in the succession 
to the presidency, and having almost exclusive charge 
of all foreign affairs, including the negotiation of 
treaties.^ 

The Treasury Department has at times occupied a The Treas- 
position more prominent- than that of even the De- ^ent.^^^^' 
partment of State. It has control of all financial 
operations of the government,^ including the receipt 
and expenditures of public money, the issuance of 
coins and currency, and the control of national banks. 
The secretaries have exerted greater influence on 

1 Harrison, "This Country of Ours," p. 107. 

2 See §§ 200-202. 3 See §§ 45-50, 207-212. 



1/6 GOVERNMENT AND THE CITIZEN 

the financial policy of the United States than have 
members of Congress. 
War, Navy, The War Department and the Navy Departnie7it 
PostOffTce have charge of all routine matters relating to the 
Departments, g^j-j^y ^^d the navy, their secretaries being the direct 
representatives of the President, whom the Constitu- 
tion names as the commander in chief of the military 
and naval forces of the United States. The Attorney- 
General, at the head of the Department of Justice, is 
the legal adviser of the President and the representa- 
tive of the United States in all important suits 
brought before the Supreme Court in which the 
government is a party. The Post Office Department 
conducts the great business of the United States 
mails as described in a later chapter.^ 
Department 185. The Ncwct Departments that look after In- 
interlor. temal Affairs. — None of the other departments 
deal with such a variety of duties, important and 
unimportant, as the Departinent of the Interior. It 
has supervision of the land laws of the United 
States,^ including the surveys of the public domain, 
the forest reserves, the distribution of farms under 
the Homestead Act, and the construction of dams 
for the irrigation of arid regions. It cares for the 
Indians who are still on reservations. The pension 
laws and the patent laws are carried into effect 
under its direction.^ Many other duties relating to 
internal affairs are left in its charge. 

'Y\iQ Department of Agriculture ^00,^ a large amount 

1 See §§ 213-216. 2 Consult §§ 226-231. 

^ Consult §§ 199, 217. 



THE PRESIDENT AND HIS CABINET 177 

of investigating and experimenting with a view of Department 
learning what varieties of grains and vegetables can °uj.e^"^^^' 
be grown most advantageously by the farmers of the 
country and what agricultural methods are best under 
different conditions. Its most practical work is per- 
formed through the weather bureau, which has men 
stationed at different points to observe weather con- 
ditions and to foretell the probable state of the 
weather during the succeeding twenty-four hours. 
The bureau saves millions of dollars annually to 
the farmers and shippers by predicting storms. 

The Department of Commerce seeks to develop a Department 
market abroad for our products, to protect com- ^ej.°e"^' 
merce along our seacoasts, and to control monopo- 
lies that seek to injure the public. It looks after 
the census which is taken every ten years, and 
examines the immigrants who . wish to enter the 
country. 

TEXT QUESTIONS 

1. Why is the position of the President one of the greatest 
prominence ? 

2. How are delerates selected for a national convention ? 

3. What constitutional qualifications must every presidential 
nominee possess ? What practical qualifications usually have 
most weight with the convention ? 

4. Describe the two steps in the election of a President. 

5 . Why are there four hundred and seventy-six presidential 
electors ? 

6. What is the real reason we need a Vice President ? Who 
becomes President if both the President and Vice President die 
during their term of office ? 

7. To what extent is the President the real commander of our 
military forces ? 

N 



1/8 GOVERNMENT AND THE CITIZEN 

8. Why do senators frequently select officials supposed to be 
appointed by the President ? 

9. How did the spoils system gain a foothold in this country, 
and why is it objectionable ? 

10. Give the history of the President''s power of removal. 

11. What is the difference between a regular message and a 
special one ? 

12. Which one of the President's powers is the most impor- 
tant? 

13. What officials comprise the President's Cabinet ? 

14. Explain the following terms : " presidential year " (§ 171), 
"platform" (§ 172), "dark horse" (§ 172), "minor party fac- 
tion" (§ 172), "electors" (§ 173), "inauguration" (§ 174), 
"presidential succession" (§ 175), " civil service" (§ 178), "Civil 
Service Commission" (§ 178), "recess of the Senate" (§ 179), 
"unprecedented majorities " (§ 180), "reprieves " (§ 181), " Cab- 
inet" (§ 182), "legal adviser" (§ 184), " public domain " (§ 185), 
" forest reserve " (§ 185), " Indian reservation " (§ 185), " weather 
bureau" (§ 185), "monopolies" (§ 185). 

SUPPLEMENTARY QUESTIONS 

1. During the last presidential campaign, was there any contest 
for the nomination in the Republican or Democratic convention ? 

2. Who were the candidates of the two great parties ? Who 
was elected ? by what popular plurality ? by what plurality in the 
electoral college ? 

3. How is a President elected? {Scribner's Magazine, 
XXVIl (1900), pp. 643-656.) 

4. Why are not great men chosen Presidents ? (Bryce, 
"American Commonwealth," abridged edition, pp. 58-63.) 

5. Give the history of the disputed election of 1876. (Ash- 
ley, "American Government," § 364.) 

6. Under what circumstances has the President been elected 
by the House of Representatives ? (Ashley, " American Gov- 
ernment," § 365.) 

7. The overworked President. {McClure's Magazine, XVIII 
(1902), pp. 483-492.) 

8. The life of the President. (Harrison, "This Country of 
Ours," pp. 159-180.) 



THE PRESIDENT AND HIS CABINET 



179 



9. On the President's patronage, consult Bryce's "American 
Commonwealth," abridged edition, pp. 44-48. 

10. The Civil Service commission and its work are described 
in Hart^s "Actual Government," § 134. 

1 1 . For what reasons is the double system of appointment (by 
President and Senate) objectionable ? 

12. Give the history of the controversy over the Tenure of 
Office Act of 1867. 

13. What President vetoed the most bills ? Which one had 
the largest number of important ones passed over his veto ? 

14. What Secretaries of State or of the Treasury have become 
President ? (Newspaper Almanacs.) 

15. What is the relation of the President to his Cabinet? 
(Harrison, "This Country of Ours," pp. 104-107.) 

16. What work does the Treasury Department perform? 
{Scribitef's Magazine^ XXXIII (1903), pp. 400-410.) 

17. "The Navy Department," Scribner's Magazine, XXXIII 
(1903), pp. 567-577, Outlook, LXXIII (1903), pp. 323-337- 

18. "The Department of the Interior," Harrison, "This 
Country of Ours," pp. 268-288. 

19. How is navigation along our coasts protected ? {^Cosmo- 
politan, XXV (1898), pp. 358-365.) 

20. How was the twelfth census taken ? {Munsey's Maga- 
zine, XXIII (1900), pp. 387-394.) 

21. Fill out the following table : — 

Members of the Cabinet 



Office 


Year 
Appointed 


Name of Present Incumbent 


Sec. of State 
Sec. of Treasury 
Sec. of War 
Postmaster-General 
Sec. of Navy 
Sec. of Interior 
Attorney-General 
Sec. of Agriculture 
Sec. of Commerce 

























Jurisdiction 
of the na- 
tional courts. 



Work of in- 
terpreting 
the Constitu- 
tion. 



Through the 
trial of cases 
only. 



CHAPTER XVI 

THE NATIONAL COURTS 

186. The Work of the Judicial Department. — Our 

national courts have jurisdiction of all cases aris- 
ing under the Constitution of the United States, 
the national laws, or the treaties. For this reason 
the Supreme Court is the final interpreter of the 
Constitution of the United States ; that is, it decides 
what the meaning of any clause or section may be. 
When we realize that the national government de- 
rives its authority from the people through the Con- 
stitution and the Constitution alone, we can see what 
an important duty is left to that department of the 
government which may decide what powers have been 
given to the national government and what powers 
withheld from it. By interpreting the Constitution 
strictly many powers may be denied to Congress 
which that body would be permitted to use if the 
Constitution is interpreted liberally. The Court has 
usually been willing that Congress should exercise 
all the powers that the Constitution could reason- 
ably be thought to grant, and has therefore aided 
in extending the authority of the national govern- 
ment. 

187. How the Courts interpret the Constitution. — 
The courts do not decide the meaning of a section 

i8o 



THE NATIONAL COURTS l8l 

of the Constitution by offering opinions at any time, 
but interpret the Constitution solely in connection 
with their regular work as courts. When a person 
feels that he is injured in the execution of a law, his 
case is brought before a court for trial, and if the 
meaning of any clause of the Constitution is in- 
volved, the court explains the meaning of the clause 
when it gives its decision in the case. It really 
decides whether laws passed by Congress are con- 
stitutional or not. If, in its opinion. Congress has 
a right to pass the law with which the case is con- 
cerned, the law is declared constitutional. If Con- 
gress has exceeded its powers, the law is set aside 
as null and void. The Supreme Court, to which 
cases involving the Constitution are appealed, is thus 
enabled on the one hand to extend the power of 
Congress within reasonable limits, and to prevent 
that body from usurping the functions of the other 
departments of the national government and of the 
states. 

188. National Courts and Judges. — According to Four series 
the Constitution there shall be one Supreme Court 
and as many inferior courts as Congress may estab- 
lish. At present there are four series of courts : 
the Supreme Court, nine Circuit Courts of Appeals, 
nine Circuit Courts, and eighty-three District Courts. 

The judges of all these courts are appointed for selection 
good behavior by the President with the consent of of judg^^.^^ 
the Senate. They may be removed only on im- 
peachment in the House of Representatives and 
conviction by two thirds of the senators. Those 



1 82 



GOVERNMENT AND THE CITIZEN 



Salaries of 
judges. 



Cases tried 
in national 
courts. 



who have served at least ten years are permitted to 
retire at the age of seventy, and continue to draw 
full pay. Because of the honor connected with the 
judgeships, our national judges have been men of 
exceptional ability, and our Supreme Court espe- 
cially has enjoyed a world-wide reputation for wis- 
dom and impartiality. 

For their services these judges receive compara- 
tively small salaries which may be increased but 
not diminished during their term of office. By a 
bill approved in February, 1903, the salary of the 
Chief Justice of the Supreme Court is fixed at ^13,000 
per year, that of the associate justices at ^12,500, 
of the circuit judges at i^/ooo, and of the district 
judges at $ 6000 each. 

189. Jurisdiction of the National Courts. — The 
Constitution provides for the different kinds of 
cases that may be tried in United States courts. 
" The judicial power shall extend to all cases, in 
law and equity, arising under this Constitution, the 
laws of the United States, and treaties made, or 
which shall be made, under their authority ; to all 
cases affecting ambassadors, other public ministers, 
and consuls ; to all cases of admiralty and maritime 
jurisdiction ; to controversies to which the United 
States shall be a party ; to controversies between 
two or more states, between citizens of different 
states, between citizens of the same state claiming 
lands under grants of different states, and between 
a state, or the citizens thereof, and foreign states, 
citizens, or subjects." 



THE NATIONAL COURTS 183 

190. The Supreme Court consists of one chief Organization. 
justice and eight associate justices appointed by the •urisSo^'n^^ 
President. Every year at Washington the court 

holds a long session lasting from October to late 
the next spring. It tries two kinds of cases : those 
that are begun in this court, including cases in which 
the states of the Union are parties and cases affect- 
ing our representatives abroad. The second kind in- 
cludes cases brought from one of the lower national 
courts or cases involving national law which have 
been begun in state courts, but only very important 
cases may be appealed from these lower courts to 
the Supreme Court 

191. Inferior National Courts. — The least impor- 
tant cases are tried first in the district courts of 
which there are from one to four in each state. To District 
each district, in addition to the United States judge, neys, an^d ^^' 
is assigned a district attorney, who represents the . marshals. 
United States in all suits tried in national courts 

within his district, and a marshal, who executes the 
decisions of the United States courts and who may 
call out a posse or ask aid from the President in the 
performance of his duties. 

The circuit court judges, of whom there are 
twenty-seven assigned to the nine circuits into which 
this country is divided, try cases that do not come Circuit 
up for the first time in either the Supreme Court or ^^j^cuit courts 
the district courts. The circuit courts of appeals, of appeals. 
on the other hand, do not try any cases unless they 
have been brought first in either the district or 
circuit courts and have not been settled finally. 



1 84 



GOVERNMENT AND THE CITIZEN 



TEXT QUESTIONS 

1 . How has the Supreme Court greatly influenced our national 
government through its interpretation of the Constitution ? 

2. How do the courts interpret the Constitution ? 

3. What series of national courts are there ? How are the 
judges for these courts selected ? 

4. What cases may be tried in national courts ? 

5. What is the difference between the two kinds of cases tried 
by the Supreme Court ? 

6. Explain the meaning of the following expressions : " inter- 
pret the Constitution" (§ 186), "law is declared unconstitu- 
tional" (§ 187). 



SUPPLEMENTARY QUESTIONS 

1. Is it better to appoint judges for good behavior than for 
terms of a definite length ? 

2. Has the Supreme Court too much power over our system 
of government ? 

3. What has been the influence of the Supreme Court deci- 
sions ? {Scribner's Magazine^ XXXIII (1903), pp. 275-283.) 

4. In what circuit do we live ? What states are included in it ? 

5 . What are the limits of this district ? Where is the court held ? 



6. 



Fill out the following table 



The Justices of the Supreme Court ^ 



' Justices 


Circuit 


Appointed 


Chief Justice 


Fourth 

First 

Second 

Third 

Fifth 

Sixth 

Seventh 

Eighth 

Ninth 







































1 Consult Ashley's American Government, § 417. 



CHAPTER XVII 

FOREIGN AFFAIRS 

192. The Importance of our Foreign Interests. — Foreign in- 
Because the state and local governments do so much ^^^^ ^ J ^^ 
more for us than is done by the national government, ^^^^^ f°^- 
some people refer to the government of the United 

States as our government for foreign affairs. While 
this is very far from being true, it certainly is the 
case that many of the most essential duties of Con- 
gress and of the President and his advisers deal with 
international relations. Among these are the topics 
of war and peace, the making of treaties, and the far- 
reaching subject of foreign commerce. To maintain 
our position as one of the greatest of the powers, to 
preserve our dignity and honor at all hazards yet 
keeping peace with all the world, to aid in the exten- 
sion of civilization, to protect and promote the inter- 
ests of America and her citizens in all parts of the 
globe — these are tasks of no little difficulty and 
importance. 

193. The Waging of War. — When the Constitution War powers 
was adopted, no one thought of granting war powers andthT"^^^ 
to the states, and in fact the states were specifically President. 
forbidden to keep troops or ships of war in time of 

peace or to engage in war unless actually invaded. 
Congress is permitted to declare war, although the 

185 



1 86 



GOVERNMENT AND THE CITIZEN 



Declarations 
of war. 



Why we 
have had a 
small army. 



Training of 
army officers. 



President as commander in chief of the army and 
navy may provoke hostilities by an invasion of a 
foreign country. Congress alone, however, can raise 
an army, create a navy, maintain the militia, and 
make rules for the regulation of the land and naval 
forces. War is not ordinarily carried on between 
civilized nations without a formal declaration from 
one or the other that " a state of war exists " between 
them. Our greatest wars, those of the Revolution 
and of Secession, have not required such a statement, 
because at the opening of each conflict one of the 
parties to the struggle was not recognized as a 
nation. In the minor conflicts the declaration of 
war has always been made by the United States. 

194, The American Army. — As we have not been 
surrounded by powerful nations, it has not been 
found necessary to maintain a vast military establish- 
ment such as exists in every European country. 
Furthermore, public sentiment has compelled Con- 
gress to make our army as small as possible, since 
we have to-day the same dread of military despotism 
that made our forefathers insert in the Constitution 
the clause which denied to Congress the power to 
vote money for an army for a longer period than two 
years. This feeling showed itself in the law which 
was in force until 1898, that the regular army should 
not contain more than twenty-seven thousand enlisted 
men. The number is, however, now much larger. 
Many officers are trained at our very excellent mili- 
tary academy at West Point, New York, appoint- 
ments of cadets to the academy being made by the 
President and members of Congress. 




Copyright by Enrique Aluiler 

A Cruiser— The "Olympia' 




Copyright by W. H. Rau 



A Battleship — The "Indiana' 



FOREIGN AFFAIRS 1 8/ 

195. The Militia. — • Every state in the Union has 
a regularly organized and well-drilled force of militia- 
men who may be called out at a moment's notice by 

the governor of the state to defend it against foreign Militiamen 

in service. 

invaders or to check disorder. The militia may also 
be called forth by the President to protect national 
property and the United States mails, to suppress 
insurrections and repel invasions. When in the ser- 
vice of the national government, the militia may be 
kept under arms nine months in any year and may 
be placed on duty in any part of the Union. The 
number of militiamen who are organized and under Numbers of 

11 -1 • 1 1111 ^^^ militia. 

discipline is small, bemg less than one hundred and 
fifty thousand, although theoretically every able- 
bodied male citizen between the ages of eighteen 
and forty-five is subject to service in the mihtia. 
Very few calls are made on the militia, their ser- 
vices being required most often in case of strikes 
when there is great danger that property will be 
destroyed. 

196. The Navy. — Because of our geographical importance 

,, to the United 

situation, a much greater dependence is naturally states. 
placed upon a navy than upon an army. The new 
American navy is only twenty years old, but com- 
pares quite favorably with those of Europe, on 
account of the superiority of the American seaman 
and gunner, rather than the number of vessels, since 
the navies of Great Britain and France are larger 
than ours. For the defense of our new colonies and - 
the protection of American shipping interests every- 
where, an efficient navy is necessary, and a wise 



1 88 



GOVERNMENT AND THE CITIZEN 



Classes of 
war vessels. 



Training of 
naval offi- 



Military 
property. 



Navy yards, 
docks, and 
coaling sta- 
tions. 



policy seems to dictate that a very strong navy will 
be a valuable means of preserving future peace. 

At the present rate of increase, our navy will in 
a few years be much more powerful than at present. 
The construction of two or three battleships, the 
largest and most heavily armored of fighting vessels, 
is authorized each year, in addition to armored 
cruisers, protected cruisers, and torpedo boats. Naval 
officers are trained at the Annapolis Academy in 
Maryland, appointments being made on a plan similar 
to that of the military cadets. 

197. Military and Naval Property. — For military 
and naval purposes the United States has con- 
structed, on lands purchased from the states or set 
apart from the public lands, buildings for the national 
defense or for the manufacture of implements of war. 
Forts have been erected for the protection of all 
seacoast cities and have been placed at convenient 
points in the thinly settled parts of the West. Other 
military posts are maintained at various points in the 
interior, usually in the vicinity of large cities. There 
are also several arsenals at which cannon and small 
arms are manufactured, in addition to schools which 
provide military instruction and training. 

Not less than ^100,000,000 have been spent for the 
construction of national docks and navy yards within 
the United States. At the latter many of the new 
naval vessels are being constructed. In different 
parts of the world naval stations have been estab- 
lished to be used for the repair of disabled warships 
and as the headquarters of our fleets in active service. 




LOADING 




preparing to fire 
Using a Gun with Disappearing Carriage 



FOREIGN AFFAIRS 1 89 

Coaling stations are even more numerous, their loca- 
tion at convenient points being necessary because it 
is impossible for a battleship of a nation at war to 
gain an adequate supply of fuel in a neutral port or 
to remain in the harbor of a neutral nation more than 
twenty-four hours. 

198. Coast Defense. — In theory at least our prepa- Land and 
ration for war has been undertaken with a view to J^^^^^ p^^^^'^' 
avoiding future conflicts. This has made it especially 
necessary to defend our coasts, and at all important 
seaports some forms of coast defense are provided. 

The most important of these are the coast defense 
vessels, usually heavily armored monitors or floating 
batteries, and the land batteries, composed of large 
mortars and very powerful guns, often mounted on 
disappearing carriages. All channels leading to the 
harbors are well guarded by torpedoes or submarine 
mines controlled by electricity from the nearest fort 
or battery. By treaty with Great Britain, only one 
war vessel is permitted for Lake Ontario and one for 
the other lakes, no harbors on the Great Lakes being 
fortified. 

199. Pension Legislation. — Control of military Need of 
affairs demands not only preparation for future 
wars, but reparation for past ones. National honor 
requires that the families of those soldiers who gave 

their lives for their country in a time of great danger 
shall not be left to suffer for the necessaries of life. 
Congress has, in fact, done much more. Any soldier Character of 
or seaman who saw service in the Civil War, and who P^^^^°"^' 
is now unable to earn a living, may receive a monthly 



190 



GOVERNMENT AND THE CITIZEN 



' pension from the government. Such a liberal policy 

is in keeping with the large-heartedness of the 

American nation, but it is a policy which is easily 

abused. 

Pension The pcnsion policy of the United States has passed 

and'Xnce^^^ through two pcriods of changes. Before 1890, only 

1890. those received pensions who had been disabled in 

service, or who had been left destitute by the death 

in war of the wage earner of the family. Since 1890, 

any soldier who suffered the loss of even a finger in 

battle, or has since become unable to provide for 

himself, can be placed on the pension list. 



General. 



Negotiating 
treaties at 
home and 
abroad. 



200. The Negotiation of Treaties. — Most of our 
dealings with other nations are of a peaceful, not a 
warlike, nature. The most important of these is the 
making of treaties, which are negotiated by the 
President through the Department of State and 
become part of our laws when ratified by two thirds 
of the senators. 

The actual negotiation of a treaty between the 
United States and a foreign power is conducted by 
the Secretary of State, or by our ambassador at the 
capital of the nation interested.^ When the details 
are arranged in this country, the minister of the 
other nation, after receiving general instructions 
from his home government, confers with the Secre- 
tary of State. The Secretary in turn communicates 

^ The provisions of a treaty of peace at the close of a war are usually 
arranged at the capital of some neutral nation, both contestants being 
represented by special " envoys plenipotentiary." 



FOREIGN AFFAIRS 



191 



with the President on all important topics. When 
the negotiations are conducted abroad, our ambassa- 
dor is informed by the Secretary of State concerning 
our demands. In either case, the treaty will be 
signed by the ofificials who have been actively en- 
gaged upon it, and will then be sent to the Senate 
for ratification. 

The Senate never hesitates to reject the whole The Senate 
or parts of a treaty or to amend any section. The ^^^^^^^^^^^• 
Department of State can usually obtain the consent 
of the foreign government to unimportant changes 
suggested by the Senate ; otherwise negotiations are 
broken off altogether, or are begun again as for an 
entirely new treaty. 

201. Our Foreign Ministers. — To look after our Diplomats 
business with foreign governments which is not duties ^^"^ 
transacted in Washington, we have representatives 
at the capitals of all important countries. To seven 
of these is given the title of ambassador, while the 
others are usually known as ministers. Their duties 
are more often social than diplomatic, for the tasks 
of negotiating treaties and caring for other national 
relations are not difficult under ordinary circum- 
stances. These positions can be filled properly only Quaiifica- 
by men with talent of a high order, men who are pofntm'lnt!^ 
broad minded, tactful, thoroughly famihar with the 
events of recent history, and quick to notice little 
changes in the feelings of a people. Our custom 
has always been to appoint party men, who are 
selected for short terms, but who fortunately are 
aided by fairly permanent assistants and secretaries 



192 



GOVERNMENT AND THE CITIZEN 



Salaries. 



Duties of 
consuls. 



Selection of 
consuls. 



Meaning of 
the doctrine. 



of legations. We have nevertheless been repre- 
sented abroad by some of the ablest and most 
scholarly men America has produced, notwithstanding 
the small salaries that are given even to ambassadors. 
The highest salary paid to an ambassador is 
$17,500. The lowest given to a minister is $5000, 
the average salary being about twice the latter figure. 
As the United States does not own buildings in the 
foreign capitals, and social demands make numerous 
inroads upon a minister's purse, only men of wealth 
can afford to accept diplomatic positions. 

202. Our Consular Service. — The United States 
also has in all important foreign cities business 
agents who are known as consuls. These men send 
frequent reports to Washington, giving facts regard- 
ing the foreign commerce of the ports where they 
are located. They aid American travelers who 
may need their assistance, and look after American 
merchants who are doing business abroad. A con- 
sul's duties are so varied and numerous that a 
conscientious man is kept fully occupied giving help 
to others. In spite of the difficulties which a new 
man has in such a position, we usually change our 
consuls every four years and send out men who do 
not know the language or the commercial situation 
in the country to which they have been assigned. 
This relic of the " spoils system " is likely, however, 
to be abolished in the near future. 

203. The Monroe Doctrine. — The most important 
of the foreign policies favored by the United States 
is called the Monroe Doctrine, because first an- 



FOREIGN AFFAIRS 



193 



nounced by President Monroe in 1823. The sub- 
stance of the doctrine is that the United States will 
not permit a European nation to acquire territory 
on this continent nor to interfere with the poHtical 
affairs of any of the repubHcs in America. This 
does not prevent an old-world power from collecting 
money due to it by one of our southern neighbors, 
even when force must be used to do so. The 
United States on its part refrains from taking part 
in the politics of Europe. Although simply a state- 
ment of a national policy and not a rule of inter- 
national law, the Monroe Doctrine has been accepted 
by the nations of Europe as a policy to be followed 
by them in their dealings with the new world. 

204. Foreign Commerce. — In 1787 the Congress Need of 
of the Confederation could not regulate foreign or control 
interstate commerce, and uniform regulations on ^'^7^7)- 
these subjects were so necessary that the Philadel- 
phia Convention was called (§ 142). The Constitu- 
tion therefore gave Congress the right *' to regulate 
commerce with foreign nations and among the 
several states." In doing this no exports must be 
taxed and all duties on imports must be uniform 
throughout the United States. The national govern- ugg ^f 
ment has attempted to increase our foreign com- treaties to 

^ ^ promote 

merce by means of treaties. For example, a hundred foreign 
years ago, the British colonies in the West Indies 
were closed to our commerce and a large part of our 
diplomacy with Great Britain was devoted to making 
a treaty which would open these ports to our trade. 



commerce. 



194 



GOVERNMENT AND THE CITIZEN 



Reciprocity 
treaties. 



Nature of 
a tariff. 



Results of 
"protection." 



Number of 
immigrants. 



This would benefit us by permitting us to buy sugar, 
molasses, and other semitropical products, and to 
sell them our lumber and grains. In recent years 
many "reciprocity" treaties have been made. A 
reciprocity treaty is one in which our government 
agrees to lower our tariff rates in return for corre- 
sponding reductions made by a foreign power in its 
tariff charges. 

205. The Tariff. — Every nation is anxious to sell 
more than it buys, and is therefore willing to place 
restrictions on imports. This is usually in the form 
of a tariff which requires merchants importing goods 
from abroad to pay a duty of a certain per cent on 
their value. In addition to limiting the amount of 
goods sent to us by foreign nations, a tariff helps 
to "protect" the manufacturers of this country in 
this way. Foreign goods are produced more cheaply 
than similar articles can be manufactured in this 
country, because of the lower wages paid in Europe. 
If they are taxed when entering the United States, 
this tax or tariff increases the price of the articles so 
that the American goods can be sold for less than 
those of foreign make. This "protection" of Ameri- 
can manufacturers by means of a tariff has been one 
of the chief causes of the great development of manu- 
facturing in this country during the last half century, 
although it has undoubtedly increased the cost of 
most articles protected and therefore raised the gen- 
eral cost of living. 

206. Our Immigration Laws. — Less than one half 
of the people in the United States to-day are de- 



FOREIGN AFFAIRS 1 95 

scended from the men and women who lived in the 
thirteen colonies which revolted against the rule of 
England in 1775. Since 1850, on an average, four 
hundred thousand aliens have come to our shores 
every year. Few of these had any experience in self- 
government before leaving Europe, but most of them 
quickly adopted the speech, customs, and habits of 
the native Americans, their sons and daughters at 
least becoming in time true American citizens. Years Character 
ago most of these immigrants were from the British grants*^' 
Isles or were related by blood to the Anglo-Saxon 
people whom they found here, but, during the last 
twenty years, a change has occurred in the character 
of the emigrants who seek to make their home with 
us. More have come from the south and east of 
Europe, and a very much larger per cent are unedu- 
cated. Because they are coming in greater numbers 
than their predecessors came in former years, we 
have modified our immigration laws, making them 
more strict. 

TEXT QUESTIONS 

1. What are the most important of our foreign interests ? 

2. Distinguish between the war powers of Congress and the 
war powers of the President. 

3. Why have we preferred a small army ? What is the differ- 
ence between the actual and the theoretical militia ? 

4. Why do most people desire a large navy ? What classes 
of warships have we ? 

5 . What military and naval property has the United States ? 
For what is each kind used ? 

6. How has the pension list been enlarged since 1890 ? 

7. Describe the negotiation of a treaty. 

8. What kind of men are needed as foreign ministers ? What 
effort do we make to secure such men ? 



196 GOVERNMENT AND THE CITIZEN 

9. Give the ordinary duties of a consul. 

10. Explain the Monroe Doctrine. 

11. How may treaties be used to extend our foreign com- 
merce ? 

12. What has been the double purpose of our tariff? 

13. How are the immigrants of to-day different in number 
and race from those who formerly came to America ? 

14. Explain the following terms: a ''declaration of war" 
(§ 193)? "military despotism" (§ 194), "shipping interests" 
(§ 196), "military cadets" (§ 196), "arsenals" (§ 197), "navy 
yards" (§ 197), "coaling stations" (§ 197), "submarine mines" 
(§ 198), "pensions" (§ 199), "negotiation of a treaty " (§ 200), 
"neutral nation" (§ 200), "envoys plenipotentiary" (§200), 
"reciprocity treaty" (§ 204), "tariff" (§ 205), "protection" 
(§ 205), "native Americans" (§ 206). 

15. Explain the statements: "Their duties are more often 
social than diplomatic " (§ 201), " Although simply a statement 
of a national policy and not a rule of international law" (§ 203). 

SUPPLEMENTARY QUESTIONS 

1. What wars have been waged by the United States ? How 
long did each of the important ones continue ? What was the 
result of each ? (Consult Hart's "Actual Government," § 200.) 

2. How large is the army now ? Are there any volunteers ? 
Who is the chief of staff ? 

3. How is our army organized ? {World's Work, VI (1903), 
pp. 4007-4016.) 

4. What work is done by the signal corps in war time ? 
{Century Magazine, LXVI (1903), pp. 811-826.) 

5. What is the difference between a battleship, a cruiser, a 
monitor, and a torpedo boat ? How many of each have we in 
our navy ? 

6. Why do we depend so much more on a navy than on an 
army ? 

7. What is the present fighting strength of the navy ? {Re- 
view of Reviews, XXV (1902), pp. 561-570.) 

8. How is a battleship constructed ? {Cosmopolitan, XVI 
(1894), pp. 395-405, XXV (1898), pp. 499-510.) 

9. Battleships, mines, and torpedoes are described in Review 
of Reviews, XXX (1904), pp. 65-71. 



FOREIGN AFFAIRS 197 

10. How are big guns constructed? {VVorld''s Work, VI 
(1903), pp. 3872-3883.) 

11. What naval property has the United States? (^Outlook, 
LXXIII (1903), pp. 330-334-) 

12. What is done for old soldiers? (JVorld^s Work, VIII 
(1904), pp. 4771-4781.) 

13. Is our liberal pension policy a wise one ? 

14. Name at least three important treaties. With what 
countries were they made ? When and where were they nego- 
tiated ? 

15. Who are our ambassadors to Great Britain, France, and 
Germany ? Is it practical to promote foreign ministers from less 
to more responsible positions ? 

16. How are ministers appointed and presented? (Curtis, 
"United States and Foreign Powers," pp. 15-2-1.) 

17. How does the pay of United States ministers and consuls 
compare with those of foreign countries ? 

18. How is a consul employed? {Wor^s Work, II (1901), 
PP- 751-757, in (1902), pp. 1606-1613.) 

19. What has been the history of the Monroe Doctrine? 
(Foster, " Century of American Diplomacy," pp. 438-478.) 

20. Give the history of our tariff. (Ashley, " American Fed- 
eral State, §§ 608-610.) 

21. How are immigrants examined at our seaports ? (Scrib- 
ner'^s Magazine, XXIX (1901), pp. 301-31 1.) 

22. Where do the immigrants settle? {World'' s Work, VI 
(1903), pp. 4021-4024.) 



CHAPTER XVIII 



MONEY AND THE POST OFFICE 



Disadvan- 
tages of sep- 
arate money 
systems. 



Our national 

decimal 

system. 



207. Our Currency System. — A person who travels 
in Europe, spending but a short time in each country, 
is always annoyed because of the frequent changes 
in the money systems. For example, if he goes from 
Paris to Berlin, he finds that the German ticket 
agents and hotel keepers will not take French coins, 
and that he must go to a money changer's and obtain 
German coins for those of France. He must then 
learn to count money under an entirely new system. 

If each state might decide what coins it should 
have, there would be as great confusion in the 
United States as in Europe. But the Constitution 
very wisely prescribes that Congress shall have the 
power to coin money in order that there may be 
a uniform currency throughout the United States. 
Fortunately for us, our national government adopted 
a decimal system which is easy to use, with the dollar 
as the "money unit." As the coins prescribed by 
Congress, with the paper money issued under its 
direction, form a national currency, each coin or bill 
has exactly the same value in one state that it has in 
every other. 

208. United States Coins. — The more valuable coins 
are made of gold and silver, principally because of 

198 



MONEY AND THE POST OFFICE 199 

the great value of small quantities of those metals, important 
but also on account of their hardness and durability ^^^^^ ^^ 



manu- 



which are increased by adding another metal as an faciure. 
alloy, the proportions being nine parts of the precious 
metal to one part of the alloy. Any one who brings 
gold bullion to a mint of the United States can have 
it coined for him, but all silver coins are made by the 
government from silver which it has purchased. 
Cents and nickels are coined at the Philadelphia 
mint from materials furnished by a private company. 

When one man owes another a sum of money, the Legal ten- 

der, 

latter may accept any form of United States money 
or he may insist that the debt shall be paid in those 
kinds only which are " leg-al tender^' that is, the 
forms of money which the government says every 
creditor shall receive for amounts due him. Only 
gold coins and the silver dollar are legal tender to an 
unlimited amount, the smaller coins being legal tender 
for the payment of very small debts only. 

209. The Process of Making Coins. — The different Preparation 

.of coin disks. 

coins in use m the United States are corned at the 
mints operated by the government at Philadelphia, 
San Francisco, and Denver. The gold and silver is 
first refined so as to be absolutely pure, and is then 
mixed with exactly ten per cent of copper alloy for 
silver coins, and copper and silver alloy for gold 
coins. This mixture is molded into bars about a 
foot long, which are rolled repeatedly until they 
become strips of several feet in length and of the 
required thickness for the various coins. These 
strips are fed into a cutting machine which cuts out 



200 GOVERNMENT AND THE CITIZEN 

the disks of sizes suitable for the different coins. 
Milling, The disks are first placed in the milling machine in 

and^roun'ting Order to raisc the edges to prevent wear upon the 
corns. j^^^Q Qf ^^Q completed coin, and are then taken to the 

coining machine in which dies from above and below 
are pressed against the disks at the same time. In 
the counting room, the more valuable coins are 
counted by weight, and those of less value are 
counted by filling the grooves of boards which will 
contain a certain number and no more. (See ap- 
paratus at left of lower view opposite.) The greatest 
care is taken to see that every important coin weighs 
exactly what it should, and each disk is tested for 
that purpose. Those are discarded and remelted 
which are under weight, and the heavy coins are 
filed until the weight is correct. 
M^hat green- 21Q. Paper Money. The Greenbacks. — There are 

backs are. i i • i r 

three kmds of paper money m circulation: (i) the 
greenbacks, (2) national bank notes, and (3) gold 
and silver certificates. The greenbacks are simply 
notes issued by the United States government promis- 
ing to pay the amount named on the face of the note. 
They were issued originally during the Civil War 
when the government was greatly in need of money. 
These notes were made a legal tender and were paid 
by the Treasury Department to individuals to whom 
the United States was in debt. As the greenbacks 
were of small denominations, people continued to use 
them long after the government promised to redeem 
them, and there are now over $300,000,000 worth of 
greenbacks in circulation. 




Where Coins are Made. 



The Mint, Philadelphia, Pa. 

A Milling Machine. A Coining Machine. 

The Counting Eoom. 



MONEY AND THE POST OFFICE 201 

211. National Bank Notes. — The national bank Their char- 
notes are similar in size and general appearance to 

the greenbacks, but they are notes issued by banks 
which have been chartered by the national govern- 
ment. These bank notes are not legal tender, but 
the government will accept them in payment of debts 
owed to it except for duties, which must be paid in 
gold, and the banks must redeem them in lawful 
money on demand, so that they are as useful and as 
valuable as any other form of money of the same 
denominations. 

212. Gold and Silver Certificates. — As it is much vv^hythey 
easier to handle a five-dollar bill than five silver ^^^ ^^^^^ * 
dollars, it has become customary for the government 

to deposit the silver dollars in government vaults and 
issue in place of them silver certificates of one, two, 
five, and ten dollars. These are not legal tender, 
but the government is willing to exchange the silver 
for them at any time, and to give gold in exchange 
for the silver, so that a silver certificate for ^5 is 
worth as much as a five-dollar gold piece. Gold 
certificates are likewise issued in denominations from 
;^20 to ^10,000, but, as we should naturally expect, 
the amount of gold in circulation is three times as 
great as that of the gold certificates, whereas five 
sixths of all the silver in the United States is piled 
away in sacks in Washington or at the subtreasuries. 

213. The Post Office. — The business of collecting, why the 

government 

transporting, and distributing letters, periodicals, manages the 
books, and miscellaneous merchandise is conducted business. 



202 



GOVERNMENT AND THE CITIZEN 



Business and 
employees. 



Selection of 
postmasters 
and 
employees. 



by the national government. The United States 
does not seek to make money from these postal oper- 
ations, but aims to give the best possible service for 
a very low price — in fact, for less than cost. It 
does this for the reason that the cheap transportation 
and delivery of letters and literature is a public ser- 
vice of great value in educating the people. The 
annual loss, however, is usually less than ;^ 10,000,000. 

214. Post Offices and Employees. — Post offices are 
established in all cities and towns, and at convenient 
places even when few people live close together. 
There are now over seventy-five thousand post offices 
within the United States, employing more than one 
hundred thousand persons, and handling yearly over 
one hundred pieces of postal matter for every man, 
woman, and child in the country. 

Post offices are divided into four classes, according 
to the amount of the business transacted. Postmas- 
ters are appointed by the President and Senate for 
the first three classes, but they number less than 
five thousand. The other seventy-two thousand 
postmasters, whose salaries are less than $1000 
each, are chosen by the postmaster-general. None 
of these officials are subject to civil-service rules, 
and many are changed whenever a new adminis- 
tration is inaugurated at Washington. Most of the 
employees, including postal clerks, railway mail 
clerks, and mail carriers, are appointed by the Civil 
Service Commission, being continually reexamined by 
inspectors to insure efficiency. 

215. The Work performed by the Post Office in- 



MONEY AND THE POST OFFICE 203 

eludes not only the collection and distribution of the Classes of 
mails, but the issuance of money orders. Ordinary ^^^^ matter. 
mail is divided into four classes. Letters are first- 
class matter ; periodicals, second-class ; books, third- 
class ; and merchandise, fourth-class. The rates are 
highest upon first-class mail, and lowest for second- 
class. Free collections and deliveries have been 
established in cities, large villages, and in many rural Collections 
districts, the number of daily deliveries depending deliveries. 
upon density of population and the distance from the 
post office. The mail for rural districts is really 
delivered from traveling post offices, the former post 
office being often discontinued. This rural service 
has resulted in a marked increase of business, and 
seems to be successful. 

Valuable letters and packages are registered at the Registered 
post offices or by mail carriers at the homes on the 
payment of eight cents besides postage. A record 
of every registered parcel is kept by each person 
through whose hands it passes, and, in case of loss, 
the sender may receive an indemnity not exceeding 

$2S. 

When the name and address upon a package can- Dead Letter 

Office 

not be deciphered, or the mail has not been delivered 
for other reasons, it is returned directly to the one 
who sent it, if his name appears upon the letter or 
parcel; otherwise, through the Dead Letter Office, 
where it is opened if necessary. The skillful clerks 
of this office display a wonderful ingenuity in reading 
addresses that are absolutely meaningless to the ordi- 
nary individual. 



204 GOVERNMENT AND THE CITIZEN 

General 216. Observations on the Postal Service. — With 

eects. ^jj ^£ .^g merits, the postal service exhibits many 

defects. As the department is not organized on a 
thoroughly satisfactory business basis, unnecessary 
financial losses are constantly occurring. The ap- 
pointment of postmasters without special regard to 
preparation for their duties, and the frequent changes 
that occur under the present system, are in themselves 
costly. Abuses are likely to arise in awarding the 
contracts for carrying mails, the claim being made 
that the government pays much more than express 
companies for similar services. 
Second-class A great amount of discussion has taken place in 
mai ma er. ^Q^nection with the rates for second-class mail matter. 
Since the postage paid on the periodicals coming 
under this class covers only a small part of the cost 
incurred in handling them, an earnest attempt has 
been made to exclude all advertising circulars, books 
which have claimed to be periodicals, and newspapers 
whose circulation is almost entirely unpaid. A re- 
vision of the law has been proposed, but without 
result, the enormous deficit for this class of mail 
being justified on the ground of its educational 
value. 

Provisions 217. Patents and Copyrights. — The national gov- 

ence^of wr ^i^^^i^^nt sccks to cncouragc inventors and authors 

present laws, by 'giving them the right to patent their inventions 

and to copyright their books. A patent is a permit 

giving the exclusive right to manufacture and sell 

the patented device for a period of seventeen years, 




The Unitkd States Govt. Building, Chicago III 



III Ulfclii»Hiliii,<i«'niliiiili riwi Fn — ' 




The Congressionai Libra fy 



MONEY AND THE POST OFFICE 205 

with a right of renewal for seven years more. Copy- 
right gives the exclusive right of publication for 
twenty-eight years, with the privilege of a fourteen 
years renewal. These laws, which protect the in- 
ventor and his manufacturer in the one case, and 
the author and his pubHsher in the other, have 
exerted a very great influence on the mechanical 
and literary development of our young and growing 
nation. 

218. Government Buildings. — In order that the Buildings in 
national government may carry on the work in which ^^ ^"^ °^* 
it is interested, numerous buildings are necessary. 
Many of these are located at Washington, among 
them the Capitol, which is the finest government 
building in existence, the White House, the Congres- 
sional Library, noted for its decorations, in which 
copies of all copyrighted books are kept in addition 
to valuable collections of other books, the govern- 
ment printing office, and the department buildings, 
including the one that contains models of all patented 
inventions. 

In all of the large cities of the country there are Buildings in 
"government" buildings, which are used as post 
offices, and may be also national court houses and 
custom houses. Mints have been constructed and 
are being operated in three cities, and many other 
public buildings are in constant use. It has been 
suggested that the United States should build or 
purchase in the principal foreign capitals permanent 
homes for our representatives abroad, but nothing 
has been done toward that end. 



206 GOVERNMENT AND THE CITIZEN 

TEXT QUESTIONS 

1. What are the advantages of a national currency? of a 
decimal currency? 

2. Why are gold and silver used for making coins ? 

3. What is meant by legal tender? 

4. Describe the process of making coins. 

5 . What three kinds of paper money are in circulation ? What 
is the difference between them ? 

6. Why does the United States manage the postal business? 

7. How are postmasters and the postal employees appointed? 

8. What classes of mail matter are there? 

9. What becomes of imperfectly directed letters ? 

10. In what ways might large sums be saved by the post-office 
department ? 

11. What is a patent? On what conditions is it granted? 

12. How is a copyright different from a patent? 

13. What buildings does the national government need? 

14. Give the meaning of the following terms : " money chang- 
er's" (§ 207), "decimal system" (§ 207), " money unit" (§ 207), 
"national currency" (§ 207), "alloy" (§ 208), "gold bullion" 
(§ 208), " milling machine" (§ 209), " greenback " '(§ 210), " bank 
note" (§ 211), "silver certificate " (§ 212), "periodicals" (§ 213), 
"a new administration" (§214), "registered parcel" (§215) 
*^ indemnity" (§215). 

SUPPLEMENTARY QUESTIONS 

1. What coins are now in circulation? Which kind repre- 
sents the greatest value ? 

2. Should the state governments be allowed to coin money? 
Give your reasons in full. 

3. Why are the different kinds of paper money now worth 
their face value? (Be sure that you have answered correctly for 
each kind.) 

4. If paper money for any reason becomes worth less than 
face value, can its value be restored by making it legal tender? 

5. What has been the history of the postal service? (Harri- 
son, " This Country of Ours," pp. 233-240.) 

6. What rates are charged for each class of mail matter? 
What does it cost to send a one-ounce letter to Montreal? to the 



MONEY AND THE POST OFFICE 20/ 

City of Mexico? to Paris? (Newspaper Almanacs, under pos- 
tal laws.) 

7- Under what class does each of the following come : a 
photograph? handkerchief? manuscript of a poem? a letter? a 
monthly periodical? hectograph circulars? a package of seeds? 
(Newspaper Almanacs, as above.) 

8. What has been done for free mail delivery in rural dis- 
tricts? (^Review of Reviews^ XXVII (1903), pp. 55-60.) 

9. What is the traveling post ofRce Hke? {WorWs Work^ 
V (1902), pp. 2873-2880.) 

10. The foreign mail service in New York. (Scribner's Mag. 
azine, XXVI (1900), pp. 61-71.) 

11. How was the overland mail service developed? {Cos- 
mopolitan, XX (1896), pp. 603-611.) 

12. On a day's work in the New York post office, consult New 
Metropolitan (1903), 17-23. 

13. Are the benefits of the patent system principally felt by 
the inventor or the manufacturer? Does the patent system some- 
times give too much of a monopoly on an article universally 
desired ? 

14. What is being done in the nation's printing office? {Re- 
view of Reviews^ XXVIII (1903), pp. 556-563.) 

15. What has the government done in erecting public build- 
ings? {Home Magazine, (1901), pp. 365-371,) 

16. What changes have been made recently in the White 
House? {Mimsey's Magazine, XXIX (1903), pp. 65-72, Cen- 
tury Magazine, LXV (1903), pp. 807-831.) 

17. What changes have been proposed for beautifying the 
national capital? {Outlook^ LXX (1902), pp. 817-829.) 



CHAPTER XIX 



TERRITORIES AND COLONIES 



Our boun- 
daries in 
1783. 



The Consti- 
tution and 
expansion. 



Our territory 
at present. 



Our terri- 
torial system. 



219. Territorial Expansion of the United States. — 

When the United States began its career as a nation 
a century and a quarter ago, it was only a quarter 
as large as now, being bounded by the Atlantic 
Ocean, the Great Lakes, the Mississippi River, and 
the Floridas, which were then held by Spain. Al- 
though the Constitution which was adopted in 1787, 
and which we now have, does not say anything about 
the right of annexing territory, the people have 
never seriously opposed the annexation of any terri- 
tory desired by our national government, and the 
President and Congress have, therefore, been per- 
mitted to extend our boundaries many times. In 
consequence, we now possess a broad belt of terri- 
tory stretching from the Atlantic to the Pacific, 
besides Alaska, the Philippines and many smaller 
islands, especially in the Pacific Ocean. The ac- 
companying map shows the extent of the territory 
acquired at different times and gives the date of each 
annexation. 

If we compare the map of our territorial growth 
with a map of the United States at present, we can 
easily see that most of these annexed lands have 
become states in our Union. But before they were 

208 




(The different Scales used she 



"West from 95° Greenwich 90 




S AMO AN ISLAN DS 1899 

(American Posessioiis) West from Greenwich 



II be noted with particular care.) 



BORMAYfc eO.jN.Y. 



TERRITORIES AND COLONIES 209 

admitted to the 'Union as states by Congress, they 
were governed by Congress as territories. This 
system of first holding new lands as territories and 
then giving them all of the rights possessed by the 
other states, dates from a very famous ordinance 
passed in 1787 by the Congress of the Confederation. 

220. The Ordinance of 1787. — When the United Territory 
States became independent of Great Britain, several throMi-^ 
of the states claimed land between the Alleghany ^^ance. 
Mountains and the Mississippi River which they 
afterwards ceded to the United States to be governed 

by Congress for the common benefit. In 1787 there 
was passed an ordinance for the government of the 
territory northwest of the Ohio and east of the Mis- 
sissippi. It provided that the whole territory should Provisions of 
be governed by officials selected by Congress until nance, 
enough people should settle there so that they might 
have a legislature of their own. Not more than five 
states nor less than three should be formed from this 
region, as soon as each had a population of sixty 
thousand. The inhabitants were not only to have 
perfect religious freedom but more rights than were 
enjoyed by the people in the other states, and slavery 
was forever prohibited within the entire region. 
Long afterwards Daniel Webster said that he doubted importance 

1 • .of the 

"whether any smgle law of any lawgiver, ancient ordinance. 
or modern, has produced effects of more distinct, 
marked, and lasting character than the ordinance 
of 1787." 

221. Organized Territories and their Relation to Two classes 

, ^ ' ^ r j_ of territories. 

Congress. — At present there are two kinds 01 ter- 



210 



GOVERNMENT AND THE CITIZEN 



How Con- 
gress may 
control a 
territory. 



Self-govern- 
ment in a 
territory. 



Territorial 
delegates. 



The 

legislature. 



ritories, (i) one called ''organized," which have a 
fairly permanent form of government in which the 
people take some part, and (2) the " provisional " 
territorial governments, in which popular govern- 
ment is almost entirely lacking. In one sense, every 
organized territory is entirely under the control of 
Congress, for that body decides the extent of its 
boundaries, the form of its government, the par^ 
which the people may take in that government, and 
what laws passed by the territorial legislature shall 
remain in force. In other words, the territory de- 
pends upon Congress for its very existence, and 
derives its fundamental law from Congress. But 
by custom, a territory has always been treated as a 
rudimentary state, subject to national supervision, 
although given the right to direct its own affairs as 
far as possible, in order that when it becomes a 
member of the Union, the habit of self-government 
shall have become fixed. 

The territories do not have representatives in 
Congress, but each has been allowed to elect a 
delegate who has a seat in the House of Representa- 
tives, and who may speak upon all matters affecting 
his territory, although he may not vote. 

222. The Government of an Organized Territory. — 
Organized territories have always been governed in 
much the same way. The legislatures are bodies of 
two houses, chosen by the voters upon whom the 
privilege has been conferred by territorial law. Ses- 
sions of sixty days are held every two years, and 
laws may be made on all subjects not forbidden by 



TERRITORIES AND COLONIES 211 

Congress, but when a law has been passed, it may be 
vetoed by the governor or rejected by Congress. 

The principal executive officials are the governor Governor 
and the secretary, each of whom is selected by the s^c^retar 
President with the consent of the Senate for a term 
of four years. The governor is both the chief repre- 
sentative of the United States in the territory, and 
the chief executive of national and territorial law. 
In addition to the usual message to the legislature, 
he makes a yearly report to the President, selects 
many of the minor officials, exercises the right to 
pardon offenders, commands the militia, and has the 
right to veto bills. The secretary is the principal 
clerical officer of the territory. 

The highest territorial court consists of three Territorial 
judges appointed by the President and Senate. All *^°"^^^' 
cases arising under territorial law, and many under 
the Constitution and statutes of the United States, 
are decided finally by these courts. All local ex- 
ecutive and judicial officials are chosen by the legal 
voters of the territory. 

223. The Admission of New States. — No organized 
territory believes its territorial government to be 
other than provisional, considering it the chrysalis 
form of its existence. Its dream is to enjoy full 
statehood, and it uses every possible means to 
obtain from Congress the right to join the sister- 
hood of states. Sometimes it calls a constitutional First 
convention that frames a constitution, which, after 
ratification by the voters, is sent to Congress for its 
approval. In this the state usually renounces all 



212 



GOVERNMENT AND THE CITIZEN 



Second 
method. 



Constitu- 
tional limita- 
tions on 
admission. 



Classifica- 
tion of 
territories. 



History and 
government 
of the 
District. 



claim to the title of the public lands, and agrees that 
certain articles, as for example those relating to 
public education and rehgious liberty, can be changed 
only with the consent of both the United States and 
the state. If no constitution has been adopted, Con- 
gress passes an enabling act, which authorizes the 
framing of a constitution. After this has been ac- 
cepted by the people and Congress, the territory is 
admitted as a state. 

According to the Constitution of the United States, 
" No new state shall be formed or erected within 
the jurisdiction of any other state, nor [shall] any 
state be formed by the junction of two or more 
states, or parts of states, without the consent of the 
legislatures of the states concerned as well as of the 
Congress." 

224. The District of Columbia. — The territories 
other than Arizona, Hawaii, New Mexico, and Okla- 
homa, which may be considered "organized," are 
the District of Columbia, which will never become 
a state, Indian Territory, the Philippines, and Porto 
Rico. The District of Columbia was selected by 
Congress in 1790 as the seat of government for 
the United States, an area ten miles square being 
ceded to the United States for that purpose by the 
states of Maryland and Virginia, although the part 
on the south bank of the Potomac was receded to 
Virginia in 1846. According to the Constitution, Con- 
gress has power to " exercise exclusive legislation in 
all cases whatsoever over . . . the seat of govern- 
ment of the United States." The district is now 



TERRITORIES AND COLONIES 213 

governed by three commissioners appointed by Con- 
gress with power to select minor officials and to 
supervise the administration of all local affairs. 

225. Our Colonial Possessions. — We have become why we have 

, , . , 1 • 1 colonies. 

accustomed to call Alaska and the territories which 
came into our possession as the result of the Spanish- 
American War in 1898 by the name of "colonies." 
These lands, being separated from the states of the 
Union by bodies of water and inhabited to a large 
extent by people of races foreign to ours, are not 
permitted a very great share in their own govern- 
ment. Especially is this true in the Philippine Government 
Islands, most of whose inhabitants are ignorant and phuippme 
many of whom are but half-civilized Malays. Even islands. 
in the Philippines, however, there will be in time 
a popular assembly of from fifty to one hundred 
chosen by men who own property or who can speak 
either Spanish or EngHsh, but the upper house of 
their legislature will be chosen by men sent from 
Washington. 

In Porto Rico the citizens choose a lower house of Government 
the legislature and part of the upper house, the other rj^o. 
members of the upper house being selected by the 
President of the United States. Whether these ter- 
ritories may be deserving of the name " colonies " or 
not, surely the colonies of no other nation are so 
free or so liberally governed. 

TEXT QUESTIONS 

I What were the boundaries of the United States in 1787? 
What boundaries does the continental United States possess at 
present ? What outlying territories do we control ? 



214 GOVERNMENT AND THE CITIZEN 

2. What government did the Ordinance of 1787 provide, and 
for what territory ? 

3. What is the difference between an "organized" and a 
"provisional " territorial government ? 

4. To what extent is an organized territory self-governing ? 

5. Describe the legislative, executive, and judicial departments 
of an organized territory. 

6. State the different methods of admitting new states into 
the Union. 

7. How is Porto Rico governed ? 

8. Give the meaning of the following terms : " perfect religious 
freedom" (§ 220), "rudimentary state" (§ 221), "habit of self- 
government " (§ 221), " clerical officer " (§ 222), " chrysalis form " 
(§ 223), " enabling act " (§ 223), " seat of government " (§ 224), 
"colonies" (§ 225), "popular assembly" (§ 225). 

9. Explain the expressions: "In one sense, every organized 
territory is entirely under the control of Congress " (§ 221), "the 
state usually renounces all claim to the title of pubHc lands" 
(§ 223). 

SUPPLEMENTARY QUESTIONS 

1. Give in outline the history of our territorial growth. (Con- 
sult map for territories and dates.) 

2. Give reasons why Daniel Webster considered the Ordi- 
nance of 1787 so important. 

3. How has the United States treated its territories in the 
past ? {^Harper's Monthly, XCVIII (1899), pp. 319-328.) 

4. Does this state belong to the original territory of the 
United States or to one of the later acquisitions ? If the latter, 
how long did it remain a territory ? When was it admitted as a 
state ? 

5. What has been the situation during the last century in the 
District of Columbia ? {Review of Reviews^ XXII (1900), pp. 
675-686.) 

6. What is the character of the civil government in the Phil- 
ippines ? {Outlook, LXXI (1902), pp. 305-321.) 

7. How does the government in American colonies compare 
with that in the colonies of other countries ? {Review of Reviews^ 
XXVI (1902), pp. 580-588.) 



CHAPTER XX 

PUBLIC LANDS AND NATIONAL DEVELOPMENT 

226. How We acquired Our Public Lands. — Not Beginning 
only does the national government control these sion^ofou'r 
territories and colonies, but it owns public lands P^^^^^ 

domain. 

located in some of the states as well as in the terri- 
tories. When the original states surrendered to the 
United States their claims to the land lying between 
the Alleghanies and the Mississippi River, and when 
we later came into possession by conquest or pur- 
chase of other territories, the United States acquired 
not only the right to govern these regions but the 
title to unoccupied lands as well. That is, all lands 
in these sections which were not owned by indi- 
viduals became the property of the United States. 
Moreover, when the states were admitted to the 
Union, they did not become the owners of public 
lands within their borders, for the title of these un- 
occupied lands remained with the United States. 

227. Our Public Domain at Present. — Nearly one National 
fourth of all the land in this country now belongs ^rest'^" 
to the United States, never having been sold by the 
national government. Only part of this, however, 
is reserved permanently for the use of the entire 
nation, partly in the form of forest reserves, which 
are carefully protected from invaders and from fires, 

215 



reserves. 



2l6 



GOVERNMENT AND THE CITIZEN 



Public lands 
for sale. 



and partly in the form of national parks, the most 
noted and most picturesque of which are Yellow- 
stone Park in the northwest corner of Wyoming, and 
Yosemite Park in Cahfornia. The rest of the public 
lands are for sale on favorable terms, although most 
of them are at present undesirable because they are 
located in the mountains or the desert regions of the 
West. 



NORTH 



TOWNSHIP 

3 N. 

RANGE 

4 W. 



CORRECTION 

L 



BA 



SE 



OWNSHIP 
6 N. 
. 1 E 



LINE 



LINE 



-EAST 



TOWNSHIP 

2 S. 

R. 3 E 



SOUTH 

Method of Making Surveys 



I 



The general 
process. 



228. The Method of surveying the Public Domain. — 

As these public lands were intended to be used as a 
profitable investment, provision for surveying them 
was made by Congress as early as 1785. Certain 
parallels of latitude called base lines have been 
selected, and certain meridians of longitude called 



PUBLIC LANDS, NATIONAL DEVELOPMENT 21/ 



principal meridians, the intersection of a base line 
with a principal meridian being the starting point for 
surveying all of the lands in that part of the country. 
Townships six miles square are then surveyed to the 
north, east, and west, and possibly to the south, 
being named according to the distance from the base 
line and the meridian ; the distance to the east or 
west being indicated by the number of the range, and 
the distance to the north or south by the number 
of the township, as shown in the diagram given 
opposite. However, as meridians of longitude con- 
verge to the north, the townships which were not near 
the base line were, therefore, less than six miles across 
from east to west. To avoid this difficulty, parallels 
of latitude called correctio7t lines are arranged every 
twenty-four or thirty miles, and a fresh start is made 
so as to keep the townships as nearl}- six miles square 
as possible. 

Each township is subdi- 
vided into thirty-six sections 
each one mile square and 
numbered as shown in the 
accompanying diagram. The 
sixteenth and thirty-sixth 
sections have been given to 
the states for the benefit of 
the public schools. Each 
section is further subdi- 
vided into halves, quarters, and possibly eighths. 

229. The Sale of Public Lands. —After the public 
lands have been surveyed, large areas have been 



6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


It 


12 


18 


17 


16 


15 




160 
ICRES 


13 


4o 




19 


20 


2.1 


22 


23 


2.4 


30 


29 


28 


27 


26 


25 


81 


82 


33 


34 


35 


36 



Sections of Township 



How town- 
ships are 
named. 



Need of 

correction 

lines. 



Townships 
and sections 



Purpose and 
result of 
sales. 



2l8 GOVERNMENT AND THE CITIZEN 

Opened to settlement at a price that is purely nominal. 
The object of this liberal policy is to induce set- 
tlers to locate in the new territories and to foster a 
large class of small landholders. Unfortunately, large 
tracts have been obtained by speculators under the 
lenient land laws which we have had in the past and 
some of which are still in force. 

The Home- At the present time agricultural lands may be 
acquired under the Homestead Law, which enables 
any citizen or person who intends to become a citizen 
to acquire title to a quarter section, one hundred and 
sixty acres, by Hving on it for five years. As most 
of the unsold public lands are not capable of cultiva- 
tion under present conditions, the government has 

The irriga- recently passed an Irrigation Act for reclaiming arid 
lands at public expense. This act provides that the 
proceeds from the sale of lands in the Pacific and 
Rocky Mountain states shall be used for the con- 
struction of storage reservoirs in desert districts. 
This act has already been put into operation in 
several states, and eventually large areas will be made 
productive by this wise policy. 

School lands 230. Aid glvcn to Education. — The possession of 

states. these public lands has made it possible for the 

national government to develop the newer parts of 
our country not only by giving farms to actual settlers 
but in two other ways, (i) The newer states have 
been able to furnish better instruction in its public 
schools, because, when the state was admitted to the 
Union, Congress gave to it two sections out of the 
thirty-six in each township to be used for the advance- 



PUBLIC LANDS, NATIONAL DEVELOPMENT 219 

ment of education. The sale of these lands aided 
greatly in the establishment of a first-class school 
system which has in turn proved a great attraction to 
prospective settlers and has been of the highest intel- 
lectual value to the community. Congress has also 
done a great deal for the agricultural schools of the 
country (§ 83) through gifts of lands and money. 

231. The Aid given to Railways.— (2) The devel- Purpose and 
op ment of the newer sections of the United States T,°''? 

■^ 01 land 

has also been aided by liberal gifts of public lands to grants. 
railways in that part of our country. As no railway 
in an unsettled region can be self-supporting, this 
policy provided the West with means of transporta- 
tion without which it would have remained a wilder- 
ness much longer than it did. During the two 
decades following 1850, the national government 
granted to railways, most of which were in the West, 
an area equal to that of the two Dakotas and 
Nebraska. A large part of this land was sold by the 
railway companies to settlers on very easy terms. 

The national government gave additional help to National 
the first transcontinental railway by loaning to it a raUways. 
sum of ;^ 64,000,000. Most of this was repaid to the 
government during the closing years of the nine- 
teenth century. 

232. River and Harbor Improvements. — As the Protection 
national government has absolute control of foreign ° °"^ ^°^^ ^' 
and interstate commerce, it has expended large sums 

of money in improving harbors, deepening channels, 
building breakwaters, maintaining lighthouses, pa- 



220 



GOVERNMENT AND THE CITIZEN 



River im- 
provements. 



Interstate 
canals. 



Object of the 
canal. 



The Isth- 
mian Canal 
Act (1902). 



trolling the coasts, and using other means to give 
good harbor facilities and to make navigation profit- 
able as well as safe. Rivers that flow between states 
or in more than one state have been made fit for 
commercial purposes at vast expense. One of the 
most satisfactory of these improvements is at the 
mouth of the Mississippi River, where, by the sim.ple 
device of narrowing the channel, the mud brought 
down by the river is carried far enough out to sea 
to prevent its obstructing the existing channel. 
Canals have been constructed to connect interstate 
waters and to permit navigation around waterfalls. 
The largest of these is the new ship canal at Sault 
Ste. Marie uniting the waters of Lake Superior with 
those of Lake Huron. A sum of nearly ^500,000,000 
has been voted by Congress for river and harbor 
improvements, and for the earliest of all internal 
improvements — the historic Cumberland Road. 

233. The Panama Canal is the greatest of the 
improvements undertaken by the national govern- 
ment. The real object of this waterway is to bring 
closer together the eastern and western coasts of the 
United States, thereby greatly promoting the com- 
merce between those sections and affording better 
naval protection, by permitting the quick passage 
of warships from one to the other. Although the 
building of this canal has been discussed seriously 
for more than a half century, nothing was done until 
Congress passed the Isthmian Canal Act in 1902. 
This authorized the President to secure a right of 
way for which ^10,000,000 were paid, and to pur- 



PUBLIC LANDS, NATIONAL DEVELOPMENT 221 

chase for $ 40,000,000 the rights and property of the 
French Canal Company which had already com- 
pleted a quarter of the work necessary. The act 
also permitted the issuance of ^135,000,000 in bonds 
for the work of construction, and gave to the Presi- 
dent the right to select engineers who are now giving 
personal attention to the task of completing the 
canal. This waterway will be about fifty miles in Vaiueofthe 
length and will accommodate the largest vessels afloat. ^^^^ ' 
It will not only shorten the distance between ports 
on the shores of the Atlantic and Pacific oceans, but 
it will greatly reduce freight rates, and in conse- 
quence give an immense impetus to the world's 
commerce. 

234. The Implied Powers of Congress. — None of The elastic 

,1 , 1 • 1 1 1 • 1 • . , 1 clause as the 

these acts which we have been considermg m the basis of 
last four sections, and to most of which the name of ^"^^'^"^i ^^- 

provements, 

"internal improvements " may be given, are directly 
authorized by the Constitution of the United States. 
Whatever right Congress may have to perform this 
work and any other tasks not mentioned in the Con- 
stitution, it derives from that very important provision 
of the Constitution best known as the " elastic clause." 
After enumerating many powers that Congress may 
exercise, the grant of powers is concluded in these 
words : Congress shall have power " to make all laws 
which shall be necessary and proper for carrying into 
execution the foregoing powers and all other powers 
vested by this Constitution in the government of the 
United States or in any department or officer thereof." 
We can readily appreciate the very great possibiHties 



222 GOVERNMENT AND THE CITIZEN 

and of other that are Contained in that sentence. If Congress, the 
activitiesin- president, and the courts agree that this clause should 

volvmg the ' <=> 

use of implied ]jq interpreted liberally, the authority of the national 
government may be increased indefinitely, provided 
the government of the United States does not inter- 
fere with the work performed by the states. It does 
not require a very great knowledge of our history 
to understand that the people of this nation have 
favored a liberal construction of the elastic clause, 
that is, have desired to make use of the implied 
powers of the Constitution, and have aided in the 
expansion of national power. 
Political and 235. The Unwritten Constitution of the United 
chan^esTince Statcs. — Just as the powcrs of Congress have been 
1787. augmented by the use of implied powers, so has the 

authority of the other departments and of the national 
government as a whole been increased by a liberal 
construction of the entire Constitution. As we no- 
ticed in Chapter XIII, the Constitution was adopted 
in 1787 when the United States was very different 
from what it is to-day, not alone in size, but in the 
methods of doing business, in the political thought 
and practices of the people, in the distribution of 
wealth, and in our standing among the nations of 
the world. These great changes in the people 
and the nation necessitate a somewhat different 
government now from that of one hundred and fifteen 
years ago. With only fifteen amendments, most of 
Need of which dealt with unimportant matters, the Consti- 

tionai tution would havc been outgrown long ago but for 

changes. ^]^g f^^.^ ^^^ j^- jg brigf^ Because of this brevity, 



PUBLIC LANDS, NATIONAL DEVELOPMENT 223 

laws have been necessary to supplement the Con- 
stitution, and practices have been adopted which 
have made our national government the kind of a 
government the people desire. In other words, the 
government of the United States has been made 
what it is not only by our exceptionally fine Con- vv^hatthe 
stitution, but by the ''unwritten constitution," for consTtuUon' 
the name "unwritten constitution" is given to those is like. 
laws and customs which increase the powers of the 
national government as defined in the Constitution, 
or alter the methods proposed by the Constitution. 
For example, this unwritten constitution allows us 
to acquire territory and forbids secession, two very 
important matters not mentioned in the written 
Constitution. By many men of great ability it is 
held that the national government may exercise 
what powers it pleases, unless it is brought into 
conflict with the states, because the United States 
is now a great nation, and must maintain its posi- 
tion as second to none of the other world powers. 



236. The National Government and Citizens* How the 

Rights. — Although our national government does government 

much less for us directly than do the state and protects our 

-' ricrhts wni< 



care. 



rights which 

local governments, the security and prosperity of are under its 
all citizens depend to a great degree upon the 
efficiency and success of the government of the 
nation. Without a sound currency system no 
amount of state legislation and local protection can 
prevent a business collapse. An interruption of the 
postal service for even a short period causes incon- 



224 



GOVERNMENT AND THE CITIZEN 



and indi- 
rectly pro- 
tects our 
rights as 
citizens of 
the states. 



Duties con- 
nected with 
suffrage and 
public 
sentiment. 



venience to all of us, and, if long continued, would 
result in loss and privation. If inclined to under- 
estimate the protection afforded against foreign 
powers, let us consider what we are spared because 
a firm and wise foreign policy saves us from the 
annoyances of alien domination or the greater 
losses of war. The lesson of the Confederation was 
of no uncertain character, and proves beyond question 
that the states cannot enjoy peace and prosperity 
when the government of the whole people is a fail- 
ure. Since the Civil War, moreover, the govern- 
ment of the United States has been able, through 
the Fourteenth Amendment, to protect any citizen 
whose rights were denied by his state government. 
237. Duties of National Citizenship are more vague 
in character than those obligations of citizenship 
exercised under the state and local governments. 
The citizen has few opportunities of voting for 
national officials, and can seldom exert any direct 
influence in the selection of appointive officers who 
deal with business of the nation. Nevertheless, 
public sentiment exerts an influence no less pro- 
nounced in national politics than in local affairs. 
No Congress or President cares to combat the 
people if they are united. The success of the 
civil-service reform movement is a living witness 
of the power of public sentiment when opposed to 
a deep-rooted custom of unusual vitality. Public 
sentiment is, moreover, the foundation on which 
the real Constitution of the United States has been 
constructed, for, as we have just noticed, the real 



PUBLIC LANDS, NATIONAL DEVELOPMENT 225 

powers of the national officials are those which the 
people prefer. 

To demand that our national government shall be, Our duty to 
without effort on the part of the citizens, free from honeys" and 
defects is both unreasonable and unjust. We ought clean politics. 
not to expect that our political life shall be free from 
the faults that are conspicuous in our social and 
commercial intercourse. But we should insist that 
our national politics shall be honest and our legisla- 
tion and diplomacy above reproach. When we load 
with honors the politician whose success has been 
achieved through treachery and deceit, when we 
give our support to a measure which promotes our 
interests at the expense of another, when we applaud 
as our government tramples on the rights of some 
weaker nation; whose fault is it but our own if 
politics are corrupt, if worthy measures fail to be- 
come laws, if just laws are unenforced, and if "jingo- 
ism" is the favorite doctrine of diplomats.? The The value of 
political experiences of the nation as well as of the fnterSt 
states and localities are a fair index of the interest 
or indifference of the people, for in the long run 
the popular will cannot be ignored. Even decisions 
of the Supreme Court which have failed to reflect 
the nation's wish have been modified or overruled 
because of the growing opposition of public senti- 
ment. But it is not enough that the government of 
the nation should be truly representative : it should 
represent us at our best. If some statesman, less 
self-seeking than his fellows, fearlessly attacks cor- ^^^ ^^^^^^^ 
ruption in high places, and braves the storm of of the right. 
Q 



patriotism. 



226 GOVERNMENT AND THE CITIZEN 

popular wrath evoked by criticism of unworthy laws 
to whose injustice the masses are blinded by their 
prejudice, shall we stand idly by and make no effort 
to right the wrong ? A favorite device of the dema- 
gogue who seeks popular support for his crooked 
Real schemes is an appeal to patriotism. Too often 

patriotism is a cloak that is made to cover a multi- 
tude of sins. Patriotism demands an unswerving 
allegiance to our nation, but a genuine patriotism 
does not ask our support of a wrong policy or a 
dishonorable act, and every citizen should aim to 
be a true patriot. 

TEXT QUESTIONS 

1. Distinguish carefully between the government control of 
territories and government ownership of public lands. Mention 
examples of each. 

2. For what purposes is public land permanently reserved by 
the government ? 

3. What is a base line ? a principal meridian ? a correction 
line ? How large is a township ? a quarter section ? 

4. Give the purpose and provisions of the Homestead Law ; 
the Irrigation Act. 

5. How have the public lands been used to develop the coun- 
try, agriculturally, commercially, and intellectually ? 

6. What has been done to improve the waterways under the 
control of the national government ? 

7. Why did the Isthmian Canal Act mark an epoch in the 
history of the Panama Canal ? 

8. What is meant by the implied powers of Congress ? What 
clause of the Constitution makes possible the use of implied 
powers ? 

9. What is the " unwritten constitution " like ? How has the 
authority of the national government been expanded by it ? 

10. Why is the success of the national government necessary 
in order that we may enjoy the ordinary rights of citizens ? 



PUBLIC LANDS, NATIONAL DEVELOPMENT 22/ 

1 1 . What do you consider the most important of the duties of 
national citizenship ? 

SUPPLEMENTARY QUESTIONS 

1. Our national forest reserves. {Munsey^s Magazine^ XXIX 
(1903), pp. 537-540.) 

2. Yellowstone National Park. {Scribner'^s Magazine, XXXV 
(1904), pp. 513-527-) 

3. Where is the nearest base line ? the nearest principal merid- 
ian ? In what range and township do we live ? 

4. What are some of the most prominent defects in our land 
laws ? {Review of Reviews, XXVIII (1903), pp. 594-595.) 

5. How has national irrigation triumphed? {Review of Re- 
views, XXX (1904), pp. 49-52,) 

6. What has the government done for railways ? (Hart, 
" Actual Government," § 226.) 

7. For a description of the Sault Ste. Marie ship canal, con- 
sult Engineering Magazine, XII (1897), pp. 600-610. 

8. What river or harbor improvements has the government 
made in this vicinity ? Has the expenditure been repaid in an 
increase of commerce ? 

9. What has been the history of the Panama Canal ? {Pear- 
son"" s Magazine, X (1903), pp. 1 19-133.) 

10. What is the character of the Panama route ? {Seridner''s 
Magazine, XXXI (1902), 145-147, 156-169.) 

1 1 . The commercial aspects of the Panama Canal. {Harper''s 
Magazine, XCVI (1898), pp. 761-769.) 

12. What use has been made of the implied powers of Con- 
gress ? (Ashley, "American Government," § 315.) 

13. On the unwritten constitution, consult Ashley^s "Ameri- 
can Government," §§ 250-253. 



CONSTITUTION OF THE UNITED 

STATES 

We, the people of the United States, in order to form a more Preamble. 



perfect Union, establish justice, insure domestic tranquillity, pro- 
vide for the common defense, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posterity, 
do ordain and establish this Constitution for the United States 
of America. 

Article I 

Section i . All legislative powers herein granted shall be vested 
in a Congress of the United States, which shall consist of a Senate 
and House of Representatives. 

Section 2. [i] The House of Representatives shall be composed 
of members chosen every second year by the people of the several 
States, and the electors in each State shall have the qualifications 
requisite for electors of the most numerous branch of the state 
legislature. 

[2] No person shall be a representative who shall not have at- 
tained to the age of twenty-five years, and been seven years a 
citizen of the United States, and who shall not, when elected, be 
an inhabitant of that State in which he shall be chosen. 

[3] [Representatives and direct taxes shall be apportioned 
among the several States which may be included within this 
Union, according to their respective numbers, which shall be 
determined by adding to the whole number of free persons, in- 
cluding those bound to service for a term of years, and exclud- 
ing Indians not taxed, three fifths of all other persons.] The 
actual enumeration shall be made within three years after the 
first meeting of the Congress of the United States, and within 
every subsequent term of ten years, in such manner as they 
shall by law direct. The number of representatives shall not 
exceed one for every thirty thousand, but each State shall have 
at least one representative ; and until such enumeration shall be 

229 



Objects of 
the Constitu- 
tion. 



Congress. 
Two houses. 



House of 
Represen- 
tatives. 
Term and 
election. 

Qualifica- 
tions — 
age, citi- 
zenship, 
residence. 
Method of 
apportion- 
ing repre- 
sentatives. 
(Part in 
brackets 
super- 
seded by 
Sec. 2 of 
Amend- 
ment 
XIV.) 
Census. 



230 



GOVERNMENT AND THE CITIZEN 



Tempo- 
rary 
appor- 
tionment. 



Vacancies, 



Officers. 



Senate. 
Election 
and term. 

Division of 
Senators 
into three 
classes. 



Vacancies. 



Qualifica- 
tions — 
age, citi- 
zenship, 
residence. 
Vice Presi- 
dent. 



Officers. 



Trial of 
impeach- 
ments. 



made, the State of New Hampshire shall be entitled to choose 
three, Massachusetts eight, Rhode Island and Providence planta- 
tions one, Connecticut five, New York six. New Jersey four, 
Pennsylvania eight, Delaware one, Maryland six, Virginia ten. 
North Carolina five. South Carolina five, and Georgia three. 

[4] When vacancies happen in the representation from any 
State, the executive authority thereof shall issue writs of election 
to fill such vacancies. 

[5] The House of Representatives shall choose their speaker 
and other officers ; and shall have the sole power of impeachment. 

Sectio7i 3. [i] The Senate of the United States shall be com- 
posed of two senators from each State, chosen by the legislature 
thereof, for six years ; and each senator shall have one vote. 

[2] Immediately after they shall be assembled in consequence 
of the first election, they shall be divided as equally as may be 
into three classes. The seats of the senators of the first class 
shall be vacated at the expiration of the second year, of the sec- 
ond class at the expiration of the fourth year, and of the third 
class at the expiration of the sixth year, so that one third may be 
chosen every second year ; and if vacancies happen by resigna- 
tion, or otherwise, during the recess of the legislature of any 
State, the executive thereof may make temporary appointments 
until the next meeting of the legislature, which shall then fill' 
such vacancies. 

[3] No person shall be a senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of the 
United States, and who shall not, when elected, be an inhabitant 
of that State for which he shall be chosen. 

[4] The Vice President of the United States shall be president 
of the Senate, but shall have no vote, unless they be equally 
divided. 

[5] The Senate shall choose their other officers, and also a 
president pro tempore, in the absence of the Vice President, or 
when he shall exercise the office of President of the United 
States. 

[6] The Senate shall have the sole power to try all impeach- 
ments. When sitting for that purpose, they shall be on oath or 
affirmation. When the President of the United States is tried, 
the Chief Justice shall preside : and no person shall be convicted 
without the concurrence of two thirds of the members present. 



CONSTITUTION OF THE UNITED STATES 23 1 



[7] Judgment in cases of impeachment shall not extend fur- 
ther than to removal from office, and disqualification to hold and 
enjoy any office of honor, trust, or profit under the United States : 
but the party convicted shall nevertheless be liable and subject to 
indictment, trial, judgment, and punishment, according to law. 

Section 4. [i] The times, places, and manner of holding elec- 
tions for senators and representatives, shall be prescribed in each 
State by the legislature thereof; but the Congress may at any 
time by law make or alter such regulations, except as to the 
places of choosing senators. 

[2] The Congress shall^ssem.ble at least once in every year, 
and such meeting shall be on the first Monday in December, 
unless they shall by law appoint a different day. 

Section 5. [i] Each house shall be the judge of the elections, 
returns, and qualifications of its own members, and a majority of 
each shall constitute a quorum to do business ; but a smaller num- 
ber may adjourn from day to day, and may be authorized to com- 
pel the attendance of absent members, in such manner, and under 
such penalties as each house may provide. 

[2] Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and, with the con- 
currence of two thirds, expel a member. 

[3] Each house shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such parts as may, 
in their judgment, require secrecy, and the yeas and nays of the 
members of either house on any question shall, at the desire of 
one fifth of those present, be entered on the journal. 

[4] Neither house, during the session of Congress, shall, with- 
out the consent of the other, adjourn for more than three days, 
nor to any other place than that in which the two houses shall be 
sitting. 

Section 6. [i] The senators and representatives shall receive 
a compensation for their services, to be ascertained by law, and 
paid out of the treasury of the United States. They shall in all 
cases, except treason, felony, and breach of the peace, be priv- 
ileged from arrest during their attendance at the session of their 
respective houses, and in going to and returning from the same ; 
and for any speech or debate in either House, they shall not be 
questioned in any other place. 

[2] No senator or representative shall, during the time for 



Judgment 
in cases of 
impeach- 
ment. 



Both Houses. 
Times, 
places, and 
method of 
electing 
members. 

Time of 
meeting. 



Member- 
ship regu- 
lations. 
Quorum. 



Rules of each 
House. 



Journals. 



Special 

adjourn- 
ments. 



Members. 
Compen- 
sation and 
privileges 
of members. 



232 



GOVERNMENT AND THE CITIZEN 



Disabili- 
ties of 
members. 



Bills and 
resolutions. 



Revenue 

bills. 

Veto of 
President 
on bills. 



Veto on 
resolutions. 



Powers of 

Congress. 

Taxation. 



which he was elected, be ajDpointed to any civil office under the 
authority of the United States, which shall have been created, 
or the emoluments whereof shall have been increased, during such 
time ; and no person holding any office under the United States, 
shall be a member of either House during his continuance in 
office. 

Section 7. [i] All bills for raising revenue shall originate in 
the House of Representatives ; but the Senate may propose or 
concur with amendments as on other bills. 

[2] Every bill which shall have passed the House of Represen- 
tatives and the Senate, shall, before it becomes a law, be presented 
to the President of the United States ; if he approves, he shall 
sign it, but if not he shall return it, with his objections, to that 
house in which it shall have originated, who shall enter the ob- 
jections at large on their journal, and proceed to reconsider it. 
If after such reconsideration two thirds of that house shall agree 
to pass the bill, it shall be sent, together with the objections, to 
the other house, by which it shall likewise be reconsidered, and 
if approved by two thirds of that house, it shall become a law. 
But in all such cases the votes of both houses shall be deter- 
mined by yeas and nays, and the names of the persons voting for 
and against the bill shall be entered on the journal of each house 
respectively. If any bill shall not be returned by the President 
within ten days (Sundays excepted) after it shall have been pre- 
sented to him, the same shall be a law, in like manner as if he 
had signed it, unless the Congress by their adjournment prevent 
its return, in which case it shall not be a law. 

[3] Every order, resolution, or vote to which the concurrence 
of the Senate and House of Representatives may be necessary 
(except on a question of adjournment) shall be presented to the 
President of the United States and before the same shall take 
effect, shall be approved by him, or being disapproved by him, 
shall be repassed by two thirds of the Senate and House of Rep- 
resentatives, according to the rules and limitations prescribed in 
the case of a bill. 

Section 8. The Congress shall have power [i] to lay and col- 
lect taxes, duties, imposts, and excises, to pay the debts and pro- 
vide for the common defense and general welfare of the United 
States ; but all duties, imposts, and excises shall be uniform 
throughout the United States ; 



CONSTITUTION OF THE UNITED STATES 233 



[2] To borrow money on the credit of the United States ; 

[3] To regulate commerce with foreign nations, and among 
the several states, and with the Indian tribes ; 

[4] To establish an uniform rule of naturahzation, and uni- 
form laws on the subject of bankruptcies throughout the United 
States ; 

[5] To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures ; 

[6] To provide for the punishment of counterfeiting the secu- 
rities and current coin of the United States ; 

[7] To establish post offices and post roads ; 

[8] To promote the progress of science and useful arts by 
securing for limited times to authors and inventors the exclusive 
right to their respective writings and discoveries ; 

[9] To constitute tribunals inferior to the Supreme Court ; 

[10] To define and punish piracies and felonies committed on 
the high seas, and offenses against the law of nations ; 

[11] To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water ; 

[12] To raise and support armies, but no appropriation of 
money to that use shall be for a longer term than two years ; 

[13] To provide and maintain a navy ; 

[14] To make rules for the government and regulation of the 
land and naval forces ; 

[15] To provide for calling forth the militia to execute the 
laws of the Union, suppress insurrections, and repel invasions ; 

[16] To provide for organizing, arming, and disciplining the 
militia, and for governing such part of them as may be employed 
in the service of the United States, reserving to the States re- 
spectively, the appointment of the officers, and the authority of 
training the militia according to the discipline prescribed by 
Congress ; 

[17] To exercise exclusive legislation in all cases whatsoever, 
over such district (not exceeding ten miles square) as may, by 
cession of particular States, and the acceptance of Congress, be- 
come the seat of the government of the United States, and to 
exercise like authority over all places purchased by the consent 
of the Legislature of the State in which the same shall be, for the 
erection of forts, magazines, arsenals, dock-yards, and other need- 
ful buildings ; — and 



Borrowing. 
Regulating 
commerce. 

Natural- 
ization and 
bankruptcy. 

Coins, 

weights, and 
measures. 

Counter- 
feiting. Post 
ofifices. 
Patents 
and copy- 
rights. 

Inferior 
courts. 

Piracies. 
War. 

Army. 

Navy. Land 
and naval 
forces. 

Militia, in 
service. 

Militia, 
organization. 



Seat of 
govern- 
ment, and 
stations. 



234 



GOVERNMENT AND THE CITIZEN 



Supple- 
mentary- 
legislation. 



Limitations 
on powers 
of Congress. 

Slave trade. 



Habeas 
corpus. 

Bills of 
attainder 
and ex 
post facto 
laws. 

Direct tax. 

Tax on 
exports. 

Uniform 
commer- 
cial regu- 
lations. 
Finance. 



Titles of 
nobility 
and 
presents. 



Limita- 
tions on 
powers of 
States, 

Specific 
prohibitions. 

Limita- 
tions on 
imposts. 



[1 8] To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers, and all other 
powers vested by this Constitution in the government of the 
United States, or in any department or officer thereof. 

Section 9. [i] The migration or importation of such persons 
as any of the States now existing shall think proper to admit, 
shall not be prohibited by the Congress prior to the year one 
thousand eight hundred and eight, but a tax or duty may be 
imposed on such importation, not exceeding ten dollars for each 
person. 

[2] The privilege of the writ of Habeas Corpus shall not be 
suspended, unless when in cases of rebellion or invasion the pub- 
lic safety may require it. 

[3] No bill of attainder or ex post facto law shall be passed. 

[4] No capitation, or other direct, tax, shall be laid, unless in 
proportion to the census or enumeration hereinbefore directed to 
be taken. 

[5] No tax or duty shall be laid on articles exported from any 
State. 

[6] No preference shall be given by any regulation of com- 
merce or revenue to the ports of one State over those of another : 
nor shall vessels bound to or from one State be obliged to enter, 
clear, or pay duties in another. 

[7] No money shall be drawn from the treasury, but in conse- 
quence of appropriations made by law ; and a regular statement 
and account of the receipts and expenditures of all public money 
shall be published from time to time. 

[8] No title of nobility shall be granted by the United States : 
and no person holding any office of profit or trust under them, 
shall, without the consent of the Congress, accept of any present, 
emolument, office, or title, of any kind whatever, from any king, 
prince, or foreign State. 

Section 10. [i] No State shall enter into any treaty, alliance, 
or confederation ; grant letters of marque and reprisal ; coin 
money ; emit bills of credit, make anything but gold and silver 
coin a tender in payment of debts ; pass any bill of attainder, ex 
post facto law, or law impairing the obligation of contracts, or 
grant any title of nobility. 

[2] No State shall, without the consent of the Congress, lay 
any imposts or duties on imports or exports, except what may be 



CONSTITUTION OF THE UNITED STATES 235 

absolutely necessary for executing its inspection laws : and the 
net produce of all duties and imposts, laid by any State on imports 
or exports, shall be for the use of the treasury of the United 
States ; and all such laws shall be subject to the revision and 
control of the Congress. 

[3] No State shall, without the consent of Congress, lay any Prohibitions 
duty of tonnage, keep troops, or ships of war in time of peace, '^^^2'^^'' 
enter into any agreement or compact with another State, or with ^^^^ ^^ 
a foreio-n power, or engage in war, unless actually invaded, or in Congress. 
such imminent danger as will not admit of delay. 

Article II 

Seaioni. [I] The executive power shall be vested in a Presi- President. 
dent of the United States of America. He shall hold his office Term, 
during the term of four years, and, together with the Vice Presi- 
dent, chosen for the same term, be elected as follows : 

[2] Each State shall appoint, in such manner as the legisla- P^^^^^^ent^^^^ 
ture thereof may direct, a number of electors, equal to the whole ^J^^^^^ ^^ 
number of senators and representatives to which the State may choosing 
be entitled in the Congress : but no senator or representative, or President, 
person holding an office of trust or profit under the United States, 
shall be appointed an elector. [The electors shall meet in their (Pamn 
respective States, and vote by ballot for two persons, of whom one ^^^^^_ 
at least shall not be an inhabitant of the same State with them- ^ededby 
selves. And they shall make a list of all the persons voted for. Amendment 
and of the number of votes for each ; which list they shall sign XII.) 
and certify, and transmit sealed to the seat of the government of 
the United States, directed to the president of the Senate. The 
president of the Senate shall, in the presence of the Senate and 
House of Representatives, open all the certificates, and the votes 
shall then be counted. The person having the greatest number 
of votes shall be the President, if such number be a majority of 
the whole number of electors appointed; and if there be more 
than one who have such majority, and have an equal number of 
votes, then the House of Representatives shall immediately choose 
by ballot one of them for President; and if no Person have a 
majority, then from the five highest on the list the said House 
Than in ike manner choose the President. But in choosing the 
President, the votes shall be taken by States, the representation 



236 



GOVERNMENT AND THE CITIZEN 



Dates of 
elections. 



Qualifica- 
tions, citi- 
zenship, age, 
and resi- 
dence. 



Presidential 
succession. 



Compensa- 
tion. 



Oath of 
office. 



Powers of 
President. 
Military, 
supervisory, 
and judicial. 



from each State having one vote. A quorum for this purpose 
shall consist of a member or members from two thirds of the 
States, and a majority of all the States shall be necessary to a 
choice. In every case, after the choice of the President, the 
person having the greatest number of votes of the electors shall 
be the Vice President. But if there should remain two or more 
who have equal votes, the Senate shall choose from them by 
ballot the Vice President.] 

[3] The Congress may determine the time of choosing the 
electors, and the day on which they shall give their votes ; which 
day shall be the same throughout the United States. 

[4] No person except a natural-born citizen, or a citizen of 
the United States, at the time of the adoption of this Constitution, 
shall be eligible to the office of President ; neither shall any per- 
son be eligible to that office who shall not have attained to the 
age of thirty-five years, and been fourteen years a resident within 
the United States. 

[5] In case of the removal of the President from office, or of 
his death, resignation, or inability to discharge the powers and 
duties of the said office, the same shall devolve on the Vice Presi- 
dent, and the Congress may by law provide for the case of re- 
moval, death, resignation, or inability, both of the President and 
Vice President, declaring what officer shall then act as President, 
and such officer shall act accordingly, until the disability be re- 
moved, or a President shall be elected. 

[6] The President shall, at stated times, receive for his ser- 
vices, a compensation, which shall neither be increased nor dimin- 
ished during the period for which he shall have been elected, and 
he shall not receive within that period any other emolument from 
the United States, or any of them. 

[7] Before he enter on the execution of his office, he shall take 
the following oath or affirmation : " I do solemnly swear (or 
affirm) that I will faithfully execute the office of President of the 
United States, and will to the best of my ability, preserve, pro- 
tect, and defend the Constitution of the United States." 

Section 2. [i] The President shall be commander-in-chief of 
the army and navy of the United States, and of the militia of the 
several States, when called into the actual service of the United 
States. He may require the opinion, in writing, of the principal 
officer in each of the executive departments, upon any subject 



CONSTITUTION OF THE UNITED STATES 237 

relating to the duties of their respective offices, and he shall have 
power to grant reprieves and pardons for offenses against the 
United States, except in cases of impeachment. 

[2] He shall have power, by and with the advice and consent In treaties 
of the Senate, to make treaties, provided two thirds of the sena- ^"d in ap- 
tors present concur ; and he shall nominate, and by and with the P°i"^"^^^*^- 
advice and consent of the Senate, shall appoint ambassadors, 
other public ministers and consuls, judges of the Supreme 
Court, and all other officers of the United States, whose ap- 
pointments are not herein otherwise provided for, and which 
shall be established by law ; but the Congress may by law vest 
the appointment of such inferior officers, as they think proper, 
in the President alone, in the courts of law, or in the heads of 
departments. 

[3] The President shall have power to fill up all vacancies Temporary 
that may happen during the recess of the Senate, by grant- appoint- 
ing commissions which shall expire at the end of their next "^ " ' 
session. 

Section 3. He shall, from time to time, give to the Congress Legislative 
information of the State of the Union, and recommend to their powers, 
consideration such measures as he shall judge necessary and 
expedient. He may, on extraordinary occasions, convene both 
houses, or either of them, and in case of disagreement between 
them, with respect to the time of adjournment, he may adjourn 
them to such time as he shall think proper. He shall receive 
ambassadors and other public ministers. He shall take care that 
the laws be faithfully executed, and shall commission all the 
officers of the United States. 

Section 4. The President, Vice President, and all civil officers Liability to 
of the United States shall be removed from office on impeach- impeach- 
ment for, and conviction of, treason, bribery, or other high 
crimes and misdemeanors. 

Article III 

Section i. The judicial power of the United States shall be Judiciary 

vested in one Supreme Court and in such inferior courts as the Courts. 

Congress may from time to time ordam and establish. The -^j^^^^^^Vj 

judges, both of the supreme and inferior courts, shall hold their compensa- 

offices during good behavior, and shall, at stated times, receive tion. 



238 



GOVERNMENT AND THE CITIZEN 



Jurisdiction. 



Original and 
appellate 
jurisdiction 
of Supreme 
Court. 



Jury trial. 
Place of trial. 



Treason : 
definition, 



punishment. 



for their services a compensation, which shall not be diminished 
during their continuance in office. 

Section 2. [i] The judicial power shall extend to all cases, in 
law and equity, arising under this Constitution, the laws of the 
United States, and treaties made, or which shall be made, under 
their authority ; to all cases affecting ambassadors, other pub- 
lic ministers and consuls ; to all cases of admiralty and maritime 
jurisdiction ; to controversies to which the United States shall 
be a party ; to controversies between two or more States ; be- 
tween a State and citizens of another State ; between citizens of 
different States ; between citizens of the same State claiming 
lands under grants of different States, and between a State, or the 
citizens thereof, and foreign States, citizens, or subjects. 

[2] In all cases affecting ambassadors, other public ministers 
and consuls, and those in which a State shall be party, the Supreme 
Court shall have original jurisdiction. In all the other cases before 
mentioned, the Supreme Court shall have appellate jurisdiction, 
both as to la.w and fact, with such exceptions, and under such 
regulations, as the Congress shall make. 

[3] The trial of all crimes, except in cases of impeachment, 
shall be by jury ; and such trial shall be held in the State where 
the said crimes shall have been committed ; but when not com- 
mitted within any State, the trial shall be at such place or places 
as the Congress may by law have directed. 

Section 3. [i] Treason against the United States shall con- 
sist only in levying war against them, or in adhering to their 
enemies, giving them aid and comfort. No person shall be con- 
victed of treason unless on the testimony of two witnesses to the 
same overt act, or on confession in open court. 

[2] The Congress shall have power to declare the punishment 
of treason, but no attainder of treason shall work corruption of 
blood, or forfeiture except during the life of the person attainted. 



Article IV 



Nation Section i. Full faith and credit shall be given in each State to 

AND States, ^^g public acts, records, and judicial proceedings of every other 



Interstate 
comity, 



State. And the Congress may by general laws prescribe the 
manner in which such acts, records, and proceedings shall be 
proved, and the effect thereof. 



CONSTITUTION OF THE UNITED STATES 239 



Section 2. [i] The citizens of each State shall be entitled to 
all privileges and immunities of citizens in the several States. 

[2] A person charged in any State with treason, felony, or 
other crime, who shall flee from justice, and be found in another 
State, shall, on demand of the executive authority of the State 
from which he fled, be delivered up, to be removed to the State 
having jurisdiction of the crime. 

[3] No person held to service or labor in one State, under the 
laws thereof, escaping into another, shall, in consequence of any 
law or regulation therein, be discharged from such service or 
labor, but shall be delivered up on claim of the party to whom 
such service or labor may be due. 

Section 3. [i] New States may be admitted by the Congress 
into this Union ; but no new State shall be formed or erected 
within the jurisdiction of any other State ; nor any State be formed 
by the junction of two or more States, or parts of States, without 
the consent of the legislatures of the States concerned as well as 
of the Congress. 

[2] The Congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other 
property belonging to the United States; and nothing in this 
Constitution shall be so construed as to prejudice any claims of 
the United States, or of any particular State. 

Section 4. The United States shall guarantee to every State in 
this Union a republican form of government, and shall protect 
each of them against invasion ; and on application of the Legis- 
lature, or of the executive (when the legislature cannot be con- 
vened), against domestic violence. 



Interstate 
citizenship. 

Extradition 
of criminals. 



Fugitive 

slaves. 



Admission of 
new States. 



Government 
of national 
territory. 



Protection of 

States. 



MENT OF 

Constitu- 
tion. 



Article V 

The Congress, whenever two thirds of both Houses shall deem Amend- 
it necessary, shall propose amendments to this Constitution, or, 
on the application of the legislatures of two thirds of the several 
States, shall call a convention for proposing amendments, which, 
in either case, shall be valid to all intents and purposes as part of 
this Constitution, when ratified by the legislatures of three fourths 
of the several States, or by conventions in three fourths thereof, 
as the one or the other mode of ratification may be proposed by 
the Congress ; provided that no amendment which may be made 



240 



GOVERNMENT AND THE CITIZEN 



prior to the year one thousand eight hundred and eight shall in 
any manner affect the first and fourth clauses in the ninth section 
of the first article ; and that no State, without its consent, shall 
be deprived of its equal suffrage in the Senate. 



Miscel- 
laneous. 

Preexisting 
national 
debt. 

Supremacy 
of Constitu- 
tion, treaties, 
and national 
law. 

Oaths of 
national 
and state 
officials. 



Article VI 

[i] All debts contracted and engagements entered into, before 
the adoption of this Constitution, shall be as valid against the 
United States under this Constitution as under the confederation. 

[2] This Constitution, and the laws of the United States which 
shall be made in pursuance thereof; and all treaties made, or 
which shall be made, under the authority of the United States, 
shall be the supreme law of the land ; and the judges in every 
State shall be bound thereby, anything in the Constitution or 
laws of any State to the contrary notwithstanding. 

[3] The senators and representatives before mentioned, and 
the members of the several State legislatures, and all executive 
and judicial officers, both of the United States and of the several 
States, shall be bound by oath or affirmation to support this Con • 
stitution ; but no religious test shall ever be required as a quali- 
fication to any office or public trust under the United States. 



Article VII 

Ratification. The ratification of the conventions of nine States shall be suf- 
ficient for the establishment of this Constitution between the 
States so ratifying the same. 

Done in convention by the unanimous consent of the States 
present the seventeenth day of September in the year of our 
Lord one thousand seven hundred and eighty-seven and of the 
independence of the United States of America the twelfth. In 
WITNESS whereof we have hereunto subscribed our names. 

G°. Washington — 
Presidt. and Deputy from Virginia 
[and thirty-eight members from all the States except Rhode 
Island.] 



CONSTITUTION OF THE UNITED STATES 241 

ARTICLES IN ADDITION TO, AND AMENDMENT 
OF, THE CONSTITUTION OF THE UNITED 
STATES OF AMERICA, PROPOSED BY CONGRESS, 
AND RATIFIED BY THE LEGISLATURES OF 
THE SEVERAL STATES PURSUANT TO THE 
FIFTH ARTICLE OF THE ORIGINAL CONSTI- 



TUTION. 



Article 1 1 



Congress shall make no law respecting an establishment of Prohibitions 

religion, or prohibiting the free exercise thereof; or abridging ^^ Congress 

the freedom of speech, or of the press ; or the right of the people rdi*^!^^'"^ 

peaceably to assemble, and to petition the government for a speech, and 

redress of grievances • the press. 

Article II ^ 

A well-regulated militia, being necessary to the security of a Right to 

free State, the right of the people to keep and bear arms, shall ^^^^ ^^"^^• 
not be infringed. 

Article III 1 



No soldier shall, in time of peace, be quartered in any house, Quarter- 
without the consent of the owner, nor in time of war, but in a ^"g °^ 
manner to be prescribed by law. ^° ^^^^' 

Article IV ^ 

The right of the people to be secure in their persons, houses. Right of 
papers, and effects, against unreasonable searches and seizures, search, 
shall not be violated, and no warrants shall issue, but upon 
probable cause, supported by oath or affirmation, and particularly 
describing the place to be searched and the persons or things to 
be seized. 

Article V ^ 

No person shall be held to answer for a capital or otherwise Protection 
infamous crime, unless on a presentment or indictment of a grand 
jury, except in cases arising in the land or naval forces, or in the 

1 First ten amendments proposed by Congress, September 25, 1789. Pro- 
claimed to be in force December 15, 1791. 
R 



of accused 
in criminal 
cases. 



242 



GOVERNMENT AND THE CITIZEN 



militia, when in actual service, in time of war or public danger ; 
nor shall any person be subject for the same offense to be twice 
put in jeopardy of life or limb ; nor shall be compelled in any 
criminal case to be a witness against himself, nor be deprived of 
life, liberty, or property, without due process of law 5 nor shall 
private property be taken for public use without just compensation. 



Rights of 
accused 
regarding 
trial. 



Article VH 

In all criminal prosecutions, the accused shall enjoy the right 
to a speedy and public trial, by an impartial jury of the State 
and district wherein the crime shall have been committed, which 
district shall have been previously ascertained by law, and to be 
informed of the nature and cause of the accusation ; to be con- 
fronted with the witnesses against him ; to have compulsory 
process for obtaining witnesses in his favor, and to have the 
assistance of counsel for his defense. . 



Jury trial 
in law- 
suits. 



Bail and 
punish- 
ment. 



Unenu- 
merated 
rights. 



Undelegated 
powers. 



Article VIP 

In suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be pre- 
served, and no fact tried by a jury shall be otherwise reexamined 
in any court of the United States, than according to the rules of 
the common law. 

Article Vlin , 

Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishments inflicted. 

Article IX 1 

The enumeration in the Constitution, of certain rights, shall 
not be construed to deny or disparage others retained by the 
people. 

Article X^ 

The powers not delegated to the United States by the Consti- 
tution, nor prohibited by it to the States, are reserved to the 
States respectively, or to the people. 

1 First ten amendments proposed by Congress, September 25, 1789. Pro- 
claimed to be in force December 15, 1791. 



CONSTITUTION OF THE UNITED STATES 243 



Article XI ^ 

The judicial power of the United States shall not be construed Exemption of 

to extend to any suit in law or equity, commenced or prosecuted States from 

against one of the United States by citizens of another State, or ^"'^* 
by citizens or subjects of any foreign State. 



Article XII 

The electors shall meet in their respective States, and vote by 
ballot for President and Vice President, one of whom, at least, 
shall not be an inhabitant of the same State with themselves ; 
they shall name in their ballots the person voted for as President, 
and in distinct ballots the person voted for as Vice President, 
and they shall make distinct lists of all persons voted for as 
President, and of all persons voted for as Vice President, and of 
the number of votes for each, which lists they shall sign and 
certify, and transmit sealed to the seat of the government of the 
United States, directed to the president of the Senate ; — the 
president of the Senate shall, in presence of the Senate and 
House of Representatives, open all the certificates, and the votes 
shall then be counted ; — the person having the greatest number 
of votes for President, shall be the President, if such number be 
a majority of the whole number of electors appointed ; and if no 
person have such majority, then from the persons having the 
highest numbers not exceeding three on the hst of those voted 
for as President, the House of Representatives shall choose 
immediately, by ballot, the President. But in choosing the 
President, the votes shall be taken by States, the representation 
from each State having one vote ; a quorum for this purpose 
shall consist of a member or members from two-thirds of the 
States, and a majority of all the States shall be necessary to a 
choice. And if the House of Representatives shall not choose 
a President whenever the right of choice shall devolve upon 
them, before the fourth day of March next following, then the 
Vice President shall act as President, as in the case of the death 
or other constitutional disability of the President. The person 
having the greatest number of votes as Vice President shall be 
Vice President, if such number be a majority of the whole num- 

1 Proposed September 5, 1794, Declared in force January 8, 1798. 



New method 
of electing 
President. 
(To super- 
sede part of 
Art. II, sec. 
I, cl. 2.) 
(Proposed 
Dec. 12,1803. 
Declared in 
force Sept. 
25, 1804.) 



244 



GOVERNMENT AND THE CITIZEN 



ber of electors appointed, and if no person have a majority, then 
from the two highest numbers on the list, the Senate shall choose 
the Vice President ; a quorum for the purpose shall consist of 
two thirds of the whole number of senators, and a majority of the 
whole number shall be necessary to a choice. But no person 
constitutionally ineligible to the office of President shall be eli- 
gible to that of Vice President of the United States. 



Abolition of 
slavery. 
(Proposed 
Feb. I, 
1865. De- 
clared in 
force Dec. 18, 
1865.) 



Article XIII 

Section i. Neither slavery nor involuntary servitude, except 
as a punishment for crime whereof the party shall have been duly 
convicted, shall exist within the United States, or any place sub- 
ject to their jurisdiction. 

Section 2. Congress shall have power to enforce this article 
by appropriate legislation. 



Citizens of 
the United 
States — 
protection of. 
(Proposed 
June 16, 1866. 
Declared in 
force July 28, 
1868.) 

New basis 
of representa- 
tion in Con- 
gress. 
(Supersed- 
ing part of 
Art. I, sec. 2, 
cl. 3.) 



Article XIV 

Section i. All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens of the United 
States and of the State wherein they reside. No State shall make 
or enforce any law which shall abridge the privileges or immuni- 
ties of citizens of the United States ; nor shall any State deprive 
any person of life, liberty, or property, without due process of law ; 
nor deny to any person within its jurisdiction the equal protec- 
tion of the laws. 

Section 2. Representatives shall be apportioned among the 
several states according to their respective numbers, counting 
the whole number of persons in each State, excluding Indians not 
taxed. But when the right to vote at any election for the choice 
of electors for President and Vice President of the United States, 
representatives in Congress, the executive and judicial officers 
of a State, or the members of the legislature thereof, is denied to 
any of the male inhabitants of such state, being twenty-one years 
of age, and citizens of the United States, or in any way abridged, 
except for participation in rebellion, or other crime, the basis of 
representation therein shall be reduced in the proportion which 
the number of such male citizens shall bear to the whole number 
of male citizens twenty-one years of age in such State. 



CONSTITUTION OF THE UNITED STATES 



245 



Section 3, No person shall be a senator or representative in 
Congress, or elector of President and Vice President, or hold any 
office, civil or military, under the United States, or under any 
State, who, having previously taken an oath, as a member of Con- 
gress, or as an officer of the United States, or as a member of any 
state legislature, or as an executive or judicial officer of any State, 
to support the Constitution of the United States, shall have 
engaged in insurrection or rebellion against the same, or given 
aid or comfort to the enemies thereof. But Congress may, by 
two-thirds vote of each House, remove such disability. 

Section 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pen- 
sions and bounties for services in suppressing insurrection or re- 
bellion, shall not be questioned. But neither the United States 
nor any State shall assume or pay any debt or obligation incurred 
in aid of insurrection or rebellion against the United States, or 
any claim for the loss or emancipation of any slave ; but all such 
debts, obligations, and claims shall be held illegal and void. 

Sectio7i 5. The Congress shall have power to enforce, by 
appropriate legislation, the provisions of this article. 



Disabilities 
of officials 
engaged in 
rebellion. 



Validity of 
war debt. 



Article XV ^ 



Section i. The right of citizens of the United States to vote 
shall not be denied or abridged by the United States or by any 
State on account of race, color, or previous condition of servitude. 

Section 2. The Congress shall have power to enforce this 
article by appropriate legislation. 



Voting rights 
of citizens of 
the U.S. 



1 Proposed February 27, 1869. Declared in force March 30, 1870. 



INDEX 

(All References are to Pages) 



Accused, protection of the rights of, 

53-57- 
Adjournment of legislative bodies, 

125, 173- 

Administrative departments: city, 
112-113; national, 174-177. 

Agriculture, the Department of, 176- 
177. 

Agricultural college, 77. 

Ambassadors: work of, 190-192; 
reception of, 173 ; pay of, 192. 

Amendment, process of constitu- 
tional : state, 132-133 ; national, 141. 

Amendments. See Constitution. 

Annapohs Naval Academy, 188. 

Annexation of territory, 208. 

Appointment of public officials, in, 
125, 161, 170-172, 181, 191, 202. 

Appropriation bills, 162. 

Army, the, 186. 

Articles of Confederation, the, 136, 

138. 
Assemblies, the colonial, 119. 
Assessors, local, 40. 
Attorney-generals, 126, 176. 
Attorneys, district, 104, 183. 
Auditors, county, 104. 
Australian ballot, the, 19, 20. 

Bail, 54. 

Ballots, 19, 20. 

Banks, national, 201. 

Base lines, 216. 

Bills of attainder, 144. 

Bills of Rights: state, 51-54. 1331 

national, 141, 143-144- 
Bills, legislative, 122, 154-156- 
Blind, deaf and dumb schools, 84. 
Boards, county, 104. 



Boards of education, 74, 76, 112. 
Bonds, sale of, 47. 
Borrowing money, 47. 
Boss, the political party, 33. 
Boston subway, the, 97. 
Bribery, the prevention of, in elec- 
tions, 21. 
Bryce, James, quotation from, 160. 
Building laws, 67, 69. 
Buildings, national, 205. 
Business income, 44. 

Cabinet, the President's, 174-177. 
Campaigns, election, 18, 167. 
Canal, the Isthmian, 220-221, 
Canals, state and interstate, 94-95, 

220. 
Capital, the national, 212. 
Capitol at Washington, the, 205. 
Caucus, a congressional, 157. 
Census, the, 152. 
Certificates, gold and silver, 201. 
Chain gangs, 64. 
" Charge " of judge to jury, 56. 
Charities, public, 82-87. 
Charter colonies, 119, 130-131. 
Charters, city, 109. 
Chicago Haymarket riot, 66. 
Circuit courts, 183. 
Circuit courts of appeals, 183. 
Cities: government of, 37, 108-1 14; 

functions of, 114-116. 
Citizens : general, 9-12, 15 ; rights of, 

12, 51-54, 62, 79, 143. 145. 223-224; 

duties of, II, 24,36, 58, 70-71, 116. 

224-226. 
Citizenship, definition of, 10. 
Civil service commissions, 113-114. 

172, 202. 



247 



248 



INDEX 



Civil service reform, 113-114, 172. 

Civil suits, 55-56. 

Clerks, county, 104. 

Coasts, protection of, 189, 219, 

Coinage, 198-200. 

Colonies : the English, in America, 
101-104, I 19-120: the present 
American, 213. 

Columbia, the District of, 212. 

Commerce : state, government con- 
trol of, 96 ; interstate, 96, 137 ; for- 
eign, 193-194- 

Commerce, the Department of, 177. 

Commercial treaties, 193. 

Committees : of legislatures, 122 ; of 
Congress, 154, 157, 158-159; po- 
litical party, 29, 32-33. 

Compromise type of local govern- 
ment, the, 103. 

Compromises in the Convention of 
1787, 138-139. 

Confederation, the, 136-138. 

Congress of the Confederation, the, 
136-137. 

Congress, the Second Continental, 
136. 

Congress, the United States: pro- 
posed character of, 138 ; composi- 
tion of, 149-153 ; procedure in, 154- 
159 ; prohibitions on, 143-144 ; gen- 
eral powers of, 142-143 ; financial 
powders of, 44-48, 161-162, 198-201 ; 
military powers of, 185-190 ; com- 
mercial powers of, 193-195, 219- 
221 ; territorial powers of, 208-213, 
215-219 ; miscellaneous powers of, 
159-162, 221-222. 

Congressmen : election of, 150-153 ; 
privileges and disabilities of, 153- 

154- 

Connecticut Compromise, the, 138. 

Constables, 63. 

Constitution of the United States: 
formation of, 137- 141 ; provisions 
of, 7, 142-145 ; character of, 135, 
141-145 ; amendments of, 141. 

Constitution, the unwritten, 221-222. 

Constitutions, general, 6-7. 

Constitutions of the states, the, 130- 

134. 
Consuls, 192. 



Continental Congress, the Second, 

136. 
Controllers, state, 126. 
Conventions, constitutional : state, 

131-132 ; national, of 1787, 137-140. 
Conventions, nominating: local, 30; 

presidential, 165-167. 
Convicts, punishment of, 64-65. 
Copyright, 205. 
Coroners, county, 104. 
Corporation taxes, 42-43. 
Corporations, control of, 89-91, 92, 

96-97. 
" Corrupt practices acts," 21. 
Councils, municipal, 93, 97, 109-110. 
County government : historical, loi- 

104 ; at present, 104-106, 127. 
Courts: national, 180-184; state and 

local, 126-128; territorial, 211. 
Crime: definition of, 54; the punish- 
ment of, 64-66. 
Criminal cases, 54, 56-57. 
Currency, 198-201. 
Customs duties, 45-46. 

" Dark horse," a, 166. 

Dead Letter Office, the, 203. 

Debts, public, 48. 

Declarations of war, 186. 

Defendant, the, 55, 56. 

Delinquent taxes, 41. 

Department, executive, 174-177. 

Diplomatic service, the, 191-192. 

Direct legislation, 22-24. 

Direct taxes, 38, 47, 144. 

Disease, preventing the spread of, 

68-69. 
Dispensaries, public, 86. 
District attorneys, 104, 183. 
District courts, national, 183. 
District of Columbia, the, 212. 
Districts : legislative, 120, 152 ; school, 

73- 
Duties, taxes on, 45. 

Education. See Schools. 
Educational land grants, 78, 79, 218- 

219. 
" Elastic clause," the, 221. 
Elections, public : in general, 18-21 ; 

municipal, 111-112; state, 120, 



INDEX 



249 



124 ; senatorial, 150-151 ; con- 
gressional, 151-153 ; presidential, 
165-168. 

Electoral " College," the, 167, 168. 

Electric lighting in cities, 92. 

Eminent domain, use of, 93. 

Employees, protection of, 90-91. 

Equalization, boards of, 40-41. 

Erie Canal, the, 95. 

Evidence, the taking of, 55. 

Executive department of govern- 
ment, 5. 

Executive departments, national, 
T74-177. 

Executive officials : local, 63, 104, 
iio-iii; state, 124-126; national, 
169-174. 

Executive sessions of the Senate, 161. 

Expenditures, public, 36-38, 109, 115, 
162. 

Exports, taxes on, 144. 

Ex post facto laws, 144. 

Factory legislation, 91. 

Federalists, the, 140. 

Finances, public, 36-48, 161-162. 

Fires, protection against, 67-68. 

Food, inspection of, 70. 

Foreign affairs, 185-195. 

Foreign ministries, 191. 

Forest reserves, 215. 

Forts, 188. 

Franchise, the elective. See Suffrage. 

Franchises, municipal, 44, 92, 93, 97, 

no, 115-116. 
Franklin, Benjamin, 140. 
Freedom, personal, 51-54, 144, 145. 

Gas lighting, 92. 

General property tax, the, 38-42. 

" Gerrymandering," 120, 152. 

Government : character of, 4-7 ; de- 
partments of, 5 ; in outline : na- 
tional, 7, state, 8, local, 8-9. 

Governor, the state, 124-126. 

Governors: colonial, 119; territorial, 
211. 

Grand jury, the, 57. 

Greenbacks, the, 200. 

Habeas corpus, the writ of, 144. 
Hamilton, Alexander, 137. 



Harbors : defense of, 189 ; improve- 
ment of, 219. 

Health : boards of, 68-69 1 protection 
of, 68-70. 

High schools, 76. 

Homes, freedom in, 53. 

Homestead Act, the, 218. 

Hospitals, public, 86. 

House of Representatives, the na- 
tional: proposed composition of, 
138 ; present organization of, 149, 
151-153; special powers of, 160, 
161-162, 168. 

House of Representatives, state, 121. 

Illinois, proportional representa- 
tion in, 120. 

Immigration, regulation of, 194-195. 

Impeachment of public officials, 159- 
161. 

" Implied powers," use of, 143, 221- 
222, 223. 

Inauguration, the presidential, 168. 

Income taxes, 47. 

Incorporation of cities, 109. 

Indictment, use of, 54, 56, 

Indirect taxes, 38. 

Individual rights, protection of, 51- 

59. 
" Information," use of, 56. 
Inheritance taxes, 44. 
Initiative, the, 23. 
Insane, care of, 83. 
Interior Department, the, 176. 
Internal revenues, 46. 
International improvements, 218-222. 
Interpretation of the Constitution, 

180-18 1, 222, 223. 
Interstate Commerce Commission, 

96. 
Iroquois Theatre fire, 68. 
Irrigation Act, the national, 218. 
Isthmian Canal Act, the, 220. 

Jackson, Andrew (President), 171. 
Jails, local, 64. 

Johnson, Andrew (President), 160. 
Judges : state, 127-128 ; national, 

181-182. 
Judicial : department the general, 5 ; 

state, 126-128 ; national, 180-184. 



250 



INDEX 



Jury system, the, 53-59. 
Jury trial, 53-54, 56, 57, 58-59. 
Justices of the peace, 127. 

Labor, legislation regarding, 90-91, 

Land taxes, 39-40. 

Lands, public : acquisition of, 215 ; 

surveys of, 216-217 I disposition of, 

217-219. 
Lawmaking, process of, 122-123, 

154-159- 

Lawsuits, 55-56. 

Legal tender, 199. 

Legislative department, the, 5. 

Legislators, privileges and disabili- 
ties of, 122. 

Legislatures: colonial, 119; state, 
120-124; territorial, 210. 

Libel, law of, 52. 

Liberty, individual, 51-54, 143, 145. 

Library of Congress, the, 205. 

Licenses, liquor, 43, 89. 

Lieutenant governor, 126. 

Liquor questions, 88-89. 

Loans, public, 47-48, 

Local government, 8-9; importance 
of, 62; types of, 100; in colonial 
times, 101-104; at present, 104- 
106, See also Town, County, and 
City Government. 

Local option, 89, 

" Log-rolling," 158. 

Lynching, 67. 

Macadamizing roads, 94. 
Machine, the political party, 33. 
McKinley, William (President), 173. 
McKinley tariff, the, 162. 
Madison, James, 137. 
Mail, 187, 201-204. 
Marshals, United States, 183. 
Mayors, city, iio-iii. 
Messages : presidential, 172-173 ; 

other, 125. 
" Mileage," 122, 
Military academy, 186, 
Military affairs, 170, 186, 187. 
Militia, the, 66, 187. 
Mints, United States, 199. 
Misgovernment and its dangers, 25, 

36, 116, 225-226. 



Mississippi River, the, 220, 
Money, 198-201. 
Monroe Doctrine, the, 192-193. 
" Moonshiners," 47. 
Municipal ownership, 92, 97. 

Nation and states, 141-142, 

National bank notes, 201. 

National conventions, 166. 

National government, the, 7, 142- 
144. See also Congress, President, 
Courts, and Executive Depart- 
ments. 

Naturalization, process of, 11. 

Naval yards and stations, 188, 

Navy, the, 187-188. 

Navy Department, the, 176. 

Needs : personal, i ; pubhc, 2-4. 

New England, town government in, 
100, 102, 105. 

New York City, 97. 

New York (state), 103. 

Nominations : by convention, 30-31 ; 
direct, 31-32 ; presidential, 165-167. 

Normal schools, state, 'j'j. 

Notes, United States, 201. 

Oaths of office, 168, 

Officials, selection of public. See Ap- 
pointment and Elections. 

Order, the preservation of, 62-64, ^6, 
110, 125, 170. 

Ordinance of 1787, the, 209. 

Organized territories, 209-211. 

Overseers of the poor, 83. 

Outdoor relief, 83, 85. 

Panama Canal, the, 220-221. 

Paper money, 200-201. 

Pardon, the power of, 125, 174, 

Parks, national, 216. 

Party, the political, 28-34. 

Pasadena sewer farm, 69. 

Patents, issuance of, 204. 

Pay. See Salaries. 

Pendleton Bill, the, 172. 

Pennsylvania, 103, 

Pensions, 189-190, 

Periodicals and the post office, 204. 

Personal needs, i. 

Personal property taxes, 39, 40. 



INDEX 



251 



Philippine Islands, government of, 
213. 

Plaintiff, the, 55. 

Platform, a political party, 166. 

Plumbing, inspection of, 69. 

" Pocket veto," the, 157. 

Police courts, 58, 127. 

Police departments, city, 63, 113. 

Policemen, duties of, 63. 

Political parties, 28-34. 

Poll taxes, 43. 

Polygamy, 53. 

Poor, care of the, 84-87. 

Porto Rico, government of, 213. 

Postmasters, 202. 

Post Office Department, the, 201-204. 

President : the proposed methods of 
selection of, 139 ; position of, 165 ; 
selection of, 165-169 ; powers of, 
169-174; relation of, to Congress, 
156-157, 161, 170-173, to his Cabi- 
net, 174-175. 

Press, freedom of the, 51-52. 

Primary, the, 29-30. 

Prison methods, 64-66. 

Privileges of lawmakers, 122, 153. 

Prohibition, 89. 

Prohibitions on government, 143-145. 

Proportional representation, 121. 

Proprietary colonies, 119. 

Protection, 2; of individual rights, 
51-59; of the public, 61-71. 

" Protection," 194. 

Public domain. See Lands, public. 

Public needs, 2-4. 

Public ownership, 92, 97. 

Public sentiment and good govern- 
ment, 70-71, 116, 224-226. 

Public utihties, 91-93, 96-97, 116. 

Puritans, the, and town government, 
102. 

Qualifications : of legislators, 121 ; 
of governors, 124 ; of congressmen, 
153 ; of a president, 166-167. 

Quarantine, 69. 

Quorum, a, 123. 

Railway commissions, 96. 
Railways, the government and. 94- 
97, 219 ; street, 96-97. 



Real estate, tax on, 39-40. 

" Reciprocity," 194. 

Recorders, county, 104. 

Referendum, the, 22-23, ^S^- 

Reform schools, 65. 

Registered mail, 203. 

Registration of voters, 19. 

Religious liberty, 52, 143. 

Removals from office, ill, 125, 160, 
172, 181. 

Representatives, 151-154. 

Representatives, House of. See 
House of Representatives. 

Revenue. See Taxation and Fi- 
nance. 

Rights, individual, 51-54, 143-144. 

" Ring," character of a, 33. 

Riots, suppression of, 66. 

River and harbor improvements, 
220. 

Roads, rural, care of, 2, 93-94. 

Royal colonies, 119. 

Rules, the House Committee on, 
158. 

Rural free delivery, 203. 

Salaries: of legislators, 121; of 
governors, 124; of congressmen, 
153; of the President, 169; of 
national judges, 182; of foreign 
ministers, 192. 

Sanitation, 68, 69. 

Sault Ste. Marie ship canal, 220. 

School lands, 79, 218-219. 

Schools, public, 73-80. 

Secretary of State : national, 175, 
190-191 ; state, 106. 

Secret sessions of the Senate, 161. 

Sections of a township, 217. 

Selectmen, the. New England, 105. 

Senate, the national : proposed com- 
position of, 138; organization of, 
149, 150-15 1 ; special powers of, 
159-161, 168, 170, igi. 

Senates, the state, 121. 

Senators, United States, 150-151, 

153-154- 
Sentence of criminals, 57, 65. 
Sessions, legislative : ordinary, 122, 

149-150; special, 125, 150. 
Sewage, disposal of, 69. 



252 



INDEX 



Sheriff, the, 63, 66, 104. 

" Slates," use of, 31, 32. 

Slavery : in convention of 1787, 139 ; 
in the amendments, 141. 

Smuggling, 46. 

Speaker of the House of Represen- 
tatives, the, 159. 

Special assessments, 43. 

Speech, freedom of, 51. 

Spoils system, the, 113, 171. 

Stamp taxes, 46. 

State, the Department of, 175, 190- 
191. 

" Statement," a tax, 39. 

States, admission of, to the Union, 
211-212. 

States, government of the: general, 
8; legislatures in, 120-124; gov- 
ernors of, 124-126 ; courts of, 126- 
128 ; constitutions of, 130-134 ; 
prohibitions on, 144-145 ; relation 
of, to the nation, 141-142, to the 
localities, 61. 

Streets: city, 93-94; railways on, 96- 

97- 
Strikes, control of disorder during, 

66, 170. 
Succession, the presidential, 169. 
Suffrage : general, 16-18 ; in national 

elections, 153, 168. 
Superintendents, school : local, 75 ; 

county, 76 ; state, 76. 
Supervisors, county boards of, 

104. 
Supreme Court, United States, 180- 

181, 183. 
Surveys of public lands, 216-217. 

Tariff, the, 194. 

Taxation : state and local, 38-44, 78 ; 

national, 38, 44-47. 
Tax collectors, 104. 
Tax rate, the, 41. 
Teachers, selection of, 74, 77. 
Tenure of Office Act (1867), the, 172. 
Terms of office : local officials, 104, 

111; state officials, 121, 124; 

national officials, 149, 168,181. 
Territories, the government of, 208- 

211, 212-213, 
Text-books, free, 76. 



" Third term tradition," the, 168. 
Town government: historical, 102- 

104 ; at present, 105-106. 
Town meeting, the, 105. 
Township, the congressional, 216- 

217. 
Treasurers, 104, 126. 
Treasury Department, the, 45-47, 

175, 198-201. 
Treaties: the making of, 161, 190- 

191 ; commercial, 193-194. 
Trials, judicial, 55-59; of accused 

persons, 56-57. 
Trustees, school, 74, 
Trusts, control of, 90. 

Unconstitutional legislation, 
181. 

United States, See National Gov- 
ernment. 

Universities, state, 77-78. 

Unwritten constitution, the, 222-223. 

Verdict, a jury, 56, 57. 

Veto, the : of the mayor, iii ; of the 
governor, 123, 125; of the Presi- 
dent, 156-157. 

Vice President, the, 167-169. 

Virginia, local government in, during 
colonial times, 101-102. 

Voters, 15-18, 24-25, 33-34, 112, 
224. 

Voting, the process of, 19-20. 

Voting in Congress, 154-156. 

War, carrying on, 185-186. 

War Department, the, 176. 

Warrants, police, 53, 63. 

Washington, George, 137, 138, 

Water supply, 70, 91-92. 

Ways and Means, Committee on, 

161. 
Weather Bureau, the, 177. 
Webster, Daniel, quotation fi:om, 

209. 
West Point Military Academy, the, 

186, 
White House, the, 169. 
Woman suffrage, 17. 
Writs, 55. 



American Government 

A TEXT-BOOK FOR SECONDARY SCHOOLS 

By ROSCOE LEWIS ASHLEY, A.M. 
Author of " The American Federal State** 

Illustrated Cloth i2mo $i.oo net 



" In this well-considered manual we have a clear and succinct account of 
the character and functions of the American Government; its development, its 
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secondary schools, and would be useful in any consideration of the principles 
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THE MACMILLAN COMPANY 

66 FIFTH AVENUE, NEW YORK 



THE AMERICAN FEDERAL STATE 

A TEXT-BOOK IN CIVICS FOR HIGH SCHOOLS 

AND COLLEGES 

By R05C0E LEWIS ASHLEY, A.M. 

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